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BOOK OF 



LEGAL 



DICTATION 



Compiled from Actual Work, for the use of Teachers 
AND Students of Shorthand 

By CHARLES CURRIER BEALE 



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BEALE PUBLISHING COMPANY 
i8o Washington St., Boston, Mass. 

297 Westminster St., Providence, R. I, 
Copyrighted, 1891 






INTRODUCTORY. 
For many years we have found, on the part of teachers and 
students of shorthand, a general demand for a suitable book of dicta- 
tion for practice in court-reporting. No such book has been pre- 
pared, up to the present time, and it has been found expensive and 
inconvenient to obtain printed official reports of cases, and to secure 
the needful variety of matter. We are content to let this book speak 
for itself, and can only hope for it the same measure of success which 
has greeted our effort to furnish suitable books of business dictation. 
Our aim is to be helpful toward the great goal of stenographic suc- 
cess, and if this book shall do its share toward lightening the labor 
of teacher and student, it will please 



The CoxMpiler. 



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BEALE'S BOOK OF LEGAL DICTATION. 



I 



AFTERNOON SESSION. 

Testimony of John H. Cross. 

O. [By the Chairman.] Your residence? A. 625 Ferry 
St., Boston. 

Q. What is your age? A. Forty-one. 

Q. You were the builder of this bridge? A. A portion of 
it. 

Q. Please describe as fully as you can, your whole connection 
with it, in your own words? A. It is so long ago that I don't 

know whether I can remember all that you would like to hear, but 
the contract required me to build a truss to be placed upon the east 
side of the bridge, and I was to furnish the floor system. That was 
done in the spring or early summer of 1876. 

Q. Go on and describe more in detail what you did. Were 
you in business for yourself,- or were you representing a company? 
A. I was in business for myself. 

Q, How about the Cosmopolitan Company? A. It was 
my intention at that time to organize a bridge company, and I com- 
menced under that name by myself, until such time as the organiza- 
tion should be made, which was never consummated. • 

Q. Go on and tell us about the bridge; where the work was 
done, how it was done, the character of the bridge, the nature of its 
construction, etc. Perhaps you had better begin, and state, in the 
first place, your experience as a builder. A. My first experience 

in building iron bridges was with the Detroit Bridge & Iron Works, 
Detroit, Michigan. 

(232 words.) 



HEALE'S BOOK OF LEGAL DICTATION. 



Q. [By Mr. O'Brien.] What year? A. I think it was 

1863 ; and my experience has been from then until — I am not sure 
this bridge wasn't the last that I built. Since then I have acted oc- 
casionally as consulting engineer. 

Q. [By the Chairman.] Did you have a scientific education? 
A. Yes, sir; at the Lawrence Scientific School, at Cambridge. 

Q. Full course? A. No, sir; partial. 

Q. What was your course then? A. I was there one year 

only. 

Q. What year was that? A. I am not sure, but I think it 

was in 1862 — 63. From there I went to St. Louis. 

Q. How long were you with the St. Louis Bridge & Iron Com- 
pany? A. Well, I don't recollect; but several years. 

Q. What were you doing there? A. I designed their 

bridges, proportioned them, and I made some portions of the draw- 
ings. 

Q. Did you do that all the time you were there? A. Yes, 

sir. 

Q. Do you remember any bridges that you designed at that 
time? A. Well, there was one drawbridge across the Mississippi 

River, where the C. B. & Q. Railroad crosses, — Clinton on one side 
and Fulton on the other. 

Q. How long did that stand? A. It is standing now, I sup- 

pose. That was at that time the longest drawbridge, I think, in the 
world. Some have been built longer since. There w^ere a great many 
bridges on the Illinois Central and the C. B. & Q., and other roads 
through the Western States. 

Q. Did you build any bridges in Massachusetts, when you were 
with the St. Louis Bridge & Iron Works? A. No, sir. 

Q. Then you left the St. Louis Bridge & Iron Works at w^hat 
time? A. I don't recollect the date. 

Q. You were there about three years, you say? A. I said 

several ; but I don't recollect just how many it was ; I could not tell 
even approximately. 

Q. What did you do after you left there? A. My impression 
is that after I left there I went South for one winter, and then returned 

(325 words.) 



HEALE'S BOOK OF LEGAL DICTATION. 



North, and afterwards was employed by the Stoddard Iron Building 
Works for some time, and after that by the Massachusetts Iron Com- 
pany.. 

Q. How long with each? A. I could not tell from recollec- 
tion. 

O. In what capacity were you with those two companies? 
A. As engineer. 

Q. Then what did you do? A. Then, after that I had 

built some work on my own account; at least, until this bridge was 
constructed. 

Q. You mean that you built bridges on your own account? 
A. Yes, sir. 

Q. Were any those in Massachusetts? * A. I think not; I 
don't recollect one in Massachusetts. 

Q. How many do you think you built before you built this one ? 
A. I could not tell. My business was building bridges and roofs, 
which were of a similar nature. 

Q. Do you think you built half a dozen or a dozen 
'bridges? A. Well, I should not think it was over half a dozen. 

Q. Was it as many as half a dozen? A. I think there 
must have been somewhere in that neighborhood. 

Q. Now, coming down to this bridge, give us as full a descrip- 
tion of that as you can; where you had the work done, how it was 
done, and the design of the bridge and the method of construction? 
A. The main ties, the main tension ties of the bridge, were furnish- 
ed by the ^tna Iron Works. The balance of the material of the 
bridge was furnished by, and the work done in, the shops of the New- 
ark Iron Company. 

Q. Why was part of it made in one place and part in another? 
A. The main tension bars — 

Q. Is that the lower chord? A. The lower chord consti- 
tutes a part of it. 

Q. What do constitute the tension bars? A. The lower 
chord and the main ties ; not only of the main truss of the bridge, 
but of the trusses of the floor beams and the stringers or stringer 
truss. 

(307 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 



Q. Those were made at the ^Etna Iron Works? A. Yes, 
sir. 

Q. Where are they? A. ^Etnaville, Pa. Those eyes are 

forged by a hydrauHc press. 

Q. What was the reason that you got them made there? 
A. The Newark Iron Works have no facihties for doing the work. 

Q. And you sent those to the ^tna Iron Works for that pur- 
pose, — because you thought that eyes forged in that way were better > 
A. Yes. 

Q. Then the rest was made by the Newark Iron Company, 
from designs drawn by you? A. Yes, sir. 

Q. Now, will you describe the method of construction and its 
peculiarities, if any? * A. Well, every bridge, almost, has pecu- 
liarities of its own. This bridge has a very sharp skew, if I remem- 
ber correctly, an angle of twenty-one degrees. The centre of the 
truss on one side, is exactly opposite the end of the truss on the 
other side. The theoretical length of the span was 104 feet; the 
theoretical depth of the truss twenty-six feet, divided into four panels 
at each point, a floor-beam truss extending across the bridge, at 
right angles ; the other ends of the floor-beam trusses resting on the 
opposite truss or on the abutment; upon the floor-beam trusses were 
the stringer trusses, each of which was directly under one of the rails. 
The bridge was proportioned to carry an evenly distributed load of 
3,000 pounds per lineal foot of track, and a concentrated load of I 
don't recollect how much, on the drivers, but an additional load; 
with a strain on no part of the bridge tensionally of any more than 
10,000 pounds per square inch, and on no compression member of 
more than a like amount, making allowance for bending strain ac- 
cording to Gordon's formula. The specifications, which I heard read 
here today for the first time since, perhaps cover all these points. 
The bridge was built according to those specifications and in con- 
formity with them. After the bridge was completed it was tested by 
locomotives in several different wa}^s ; locomotives running with 
the tenders on and the tenders off, and also running at speed. My 
recollection is that the maximum deflection obtained under al! tests 
which were made with the two heaviest locomotives that were upon 
the road, — I think that the maximum deflection was about six-tenths 
of an inch, as I recollect it. These trusses received and supported 

(394 words.) 



HEALE'S BOOK OF LEGAL DICTATION. 



either three-fourths or four-fifths, I forget which, of the total load; 
the other truss taking either one-fourth or one-fifth. 

Q. Go on and describe the peculiarities of the construction of 
this bridge, if it was peculiar? A. I think I have; I do not re- 

collect any other peculiarities of the bridge. Perhaps I have not ex- 
plained them as much as you would like; but if you will indicate 
any particular points, I should be glad to explain them. 

Q. Did you ever build a bridge before with two kinds of trusses ; 
with a rectangular truss on one side, and this kind of a truss on the 
other? A. No, I never did. 

Q. Were there any difficulties attendant upon that? A. No, 
sir. 

Q. Did you have any question about the propriety of doing 
it? "" A. Not the slightest. 

Q. [By Mr. O'Brien.] Had it been done before, that you know 
of? A. No. 

Q. Since? A. I don't know that it has. 

Q. [By the Chairman.] Did you ever build, before or since, a 
bridge so much askew as this? A. Well, I think I must have, 

though I don't recollect of any individual instance. 

Q. What are the difficulties to be surmounted in building a 
skew bridge, as it is called? A. It is more bother, and may cost 
somewhat more to do. 

O. Well, about the danger of breakage, or anything of that 
sort? A. There is no more danger in a skew bridge than in a 
square bridge. 

Q. [By Mr. O'Brien.] Was it not a positive defect in this bridge 
that that hip block was made of iron, where the upper chord joins 
the inclined end post? A. No, sir. 

Q. I understand that to be a point where the bridge should 
have been strong? A. Yes, sir; undoubtedly. 

Q. It was rnade from cast iron ; and from, there in the same 
way? • A. Precisely. 

Q. And here the same? A. Precisely. 

Q. [By the Chairman.] All those corner blocks were made 
from cast iron, were they not? A. Yes, sir. 

(322 words.) 



BEALE'S BOOK OE LEGAL DICTATION. 



Q. How much was thereof cast iron besides? A. Noth- 
ing except these joint blocks. This one that is broken is today just 
as good fer service as it ever was. The crack that is in it does not 
disable it at all. 

Q. This piece of iron is not a part of it, is it? A. I think 

not. 

Q. Do you know where that came in? A. I cannot tell. 

Q. During the building of this bridge was there any examina- 
tion m ide by you or anybody else at the furnaces and forges where 
this bridge was being built, to test it in any other way? A. 

Only by examination. 

Q. Did you examine it? A. Not every part of it.. 

Q. Is it not customary for first-class bridge builders to have 
every portion of a bridge tested? A. No, sir. 

Q. Is tha't so, Mr. Cross? A. The ^tna Iron Company, 

one of the largest bridge builders in the world, perhaps, do not do it. 

Q. Do not first-class railroads do it? A. Well, they usual- 

ly have inspectors there at the time. 

Q. Precisely, and they see the iron? A. They see the iron. 

I have seen inspectors there frequently, and in every case that I have 
ever seen, the one who remained there constantly was one who sim- 
ply had instructions to do certain things, but had no judgment of his 
own. 

O. Did the Boston & Fitchburg road have any of their em- 
ployees or officers on the ground to examine this bridge as it was 
being built? A. No, sir. 

Q. Left it entirely to you? A. Yes, sir, as far as I know. 

Q. Do you know the size of the lateral and vertical braces of 
the truss? A. No, sir. Those were shown on the tracing you 

had here this morning. 

Q. How were they fastened? A. The lateral bracing con- 

sisted of rods which passed through holes in the casting, and there 
were nuts placed on the ends of the lateral braces. 

Q. Won't you look at that? (Showing a piece of iron marked 
**A.") Do you call that good iron? A. That came from the 

original truss that was put there, I suppose. I should call that pret- 

(348 words.) 



BEAI.E'S BOOK OF LEGAL DICTATION. 



ty good iron. That is plate iron; that is T iron, with some shape 
iron. 

Q. You give that as your opinion, that it is good iron? A. 

Yes, sir, I think that is pretty good iron? The plate iron is 
better than the shaped. 

Q. You would not call that first-class iron to put in a bridge, 
would you, Mr. Cross? A. Well, I don't think that is as good 

shape iron as is made in this country. That was made not made in 
this country. 

O. If the iron had been thoroughly inspected you would not 
have allowed that to have gone by, would you? A. I did not 

put that into the bridge, 

Q. Are you sure of that? - A. It is possible that that came 
from the upper chord of the new truss. 

Q. VVhat I want to get at is this, whether that bridge was not 
inspected improperly vvhen it was built? It was put up with- 
out inspection, was it not? Am I right or wrong? A. You 
apply the question to this piece, for instance^ 

Q. No, sir, to the whole bridge. A. It was not inspected, 

as far as I know, by the railroad. 

Q. Did you inspect it? A. I inspected it as much as any 

bridges are inspected. 

Q. How much is that? A. Well, I was at the works from 
lime to time, — I don't know how often, but frequently, — and ex- 
amined it myself, and it was examined by the foreman of the works. 

Q. Did you take any pains to test any portions of it? A. 

Only by examination. 

Q. It was not put through any test? A. No, sir, 

Q. [By Mr. Thomas.] Was any portion of that bridge which 
you put up subject to any test? A. Only by examination. 

Q. [By the Chairman.] Do you know whether it was put to 
any test at the iron works? A. I don't think it was. 

Q. Did you suppose it was at that time? A. No, sir. 

There is one thing, which, perhaps, I ought to correct now. When 
I stated that that beam was not made in this country, I supposed it 
belonged to the eastern truss. As it belongs to the western truss, 
it was made by the Newark Iron Works. 

Q. In the building of this bridge, as I understand, this is a cast 

(372 words.) 



HEALE'S BOOK OF LEGAL DICTATION. 



iron block up here, and in connection with it are hangers similar to 
those upon which this cross-beam depends. The support of the 
flooring of the bridge depends upon that cross-beam, does it not? 
A. Yes. 

Q. And that depends for its support on the westerly end upon 
these hangers? A. Yes. 

Q. Supported somewhat in addition by that upright beam there ? 
A. That beam is not put there for that purpose. Of course it adds 
something to it; but it is not there for that purpose. 

Q. Those hangers similar to these, were they in a position 
where they could have been examined? A. Only partially. 

Q. What portion of them could be examined from time to time ? 
A. The lower end, or eye, could be seen from the outside. 

Q. Where they are painted there? A. Where they are 

painted, and, of course, somewhat beyond, but not much, probabl}'. 

Q. Then the bridge inspector, in looking to see whether these 
were sound or not, could have seen practically only from there to 
there? A. Not much beyond where the paint is. 

Q. How customary is that method of construction? A. 

Well, in all my observation, it is common. 

Q. Is it a common method of construction? A. Yes. 

O. Is it a common method of construction to have them, and 
have them covered up to such an extent that they cannot be seen? 
A. Yes. 

Q. lathe light of what you see here, and what you have seen 
out there, perhaps, do you regard that as a correct form of construc- 
tion? A. Yes. 

Q. To put those on and cover them up so that defects in them 
cannot be detected? A. Of course it is desirable to make all the 

part accessible as far as practicable, but I do not consider it a necessity. 

Q. Well, was it impracticable to so place those hangers that 
they could have been seen? A. Undoubtedly, a bridge could 

have been built of an entirely different form. 

Q. No ; but practically in the present form? A. Well, I 

would not undertake to say that it was not possible to make it so that 
it could have been seen to a greater extent than it was, but I did not 
find any way at the time to do it. 

O. You did not try, did you? Did not think of it? Is that 
it? A. No, it is not fair to say that. 

(382 words.) 



BEALE'S BOOK OF LEGAE DICTATION. 



Q. You did not think it was necessary, did you? A. I 
went as far as I thought was necessary. 

O. Well, you did not think it was necessary to see any of those 
things, evidently, because you only left out a little piece at one end. 
A. Of course it is desirable to be able to see all that you can with- 
out sacrificing other and perhaps controlling points, and in designing 
those I thought I had struck the happy medium. 

Q. [By Mr. O'Brien.] You spoke of having been connected 
with the Stoddard Bridge Company. How long ago was that? 
A. If I recollect right, about a year before they went out of business. 

Q. Were you with them while they were successful in building 
bridges? A. They never w^ere successful. 

Q. Did they ever have auy break-down? A. I don't recall 
any. 

Q. You don't know whether they had or not? A. No, sir. 

Q. Now, I want to know how you got this contract out of the 
Boston & Fitchburg Railroad. What were your relations with Mr. 
Brown, the superintendent, or Mr. Brown, the carpenter, or with any 
one connected with the road? I understand that they issued pro- 
posals for a bridge, and you were the successful bidder. Now, 
what were your relations with anybody connected with the road, 
so far that your bid happened to be taken? A. I did not 

have any relations with them. I was asked to make a proposal. 
I did not know of their issuing invitations for proposals; I was asked 
verbally to make a proposal. 

Q. Who asked you? A. The superintendent. 

y. Mr. A. A. Brown? A. That is my recollection. It 
might have been Mr. George Brown, but my recollection is that it 
was Mr. A. A. Brown, and I made a proposal and was awarded the 
contract. 

Q. Did you know Mr. A. A. Brown before that? A. Yes. 

Q. You drew the plans and specifications? A. Yes. 

Q. It was put entirely into your hands? A. Well, it is not 
fair to say that I was the sole author of the specifications. They 
were made by consultation, of course. 

Q. Consultation with whom? A. I presume principally 
with Mr. George Brown. 

Q. Well how did you do it? You drew a plan and took it to 
him for his approval; he criticised it, and then you adopted some of 

(374 words.) 



BEALE'S BOOK OF LEGAL DlClAlJON. 



his ideas, — is that it? A. The first thing would bt: to deteimine 

the specifications, undoubtedly, although I cannot recall the cir- 
cumstances at the time; the amount of load to be provided for, the 
strain to be allowed upon the iron, were matter of consultation and 
agreement, and whoever else bid upon the job undoubtedly had the 
same consultation, and when they had agreed as to what the specifi- 
cations should be then it was put in our proposals. 

Q. How do you suppose you happened to get the contract? 
Because you were cheaper than any one else? A. I don't know. 

Q. Your relations with Mr. A. A. Brown were not so close 
that he would naturally be in your favor, would he? A. No, sir. 

Q. So that you drew the plan of this bridge, and submitted it to 
them, and they adopted it after consultation with Mr. George Brown, 
and you put it up. It was not tested during construction and only 
tested when it was finished. Am I straight in that statement? A. 

That is right. 

Q. [By the Chairman.] Mr. Cross, w^hat was the reason that 
the centre of the shaft going through here did not come under the 
centre of the main bar? What is the reason that the centres of sup- 
port are not under each other? A. That I do not know. I can- 
not recall why they were put so. 

Q. [By. Mr. O'Brien.] Could you not recall by referring to 
your papers? You have got a memorandum of the whole contract, 
I take it, have you not? A. Oh, yes. 

Q. Would they have been stronger if the centres of support 
had been under each other? A. Undoubtedly. 

Q. Was that an element of weakness in them as compared 
with what they would have been if placed centrally? A. Of 

course it is an element of weakness. In the sense in which perhaps 
you mean to use it, no. 

O- Could that element of weakness have been compensated 
for by stouter iron? A. By stouter iron that would have been 

required had they been in a straight line, which I assume to have 
been the case, although I do not recall it now. 

Q. How do you estimate the strength of one of these ^ Are there 
regular formulas for it? A. Well, the sizes. This bar in its 

middle, or between the two eyes, is in direct tension. Of course 
the strength of the bar within those limits it is perfectlj^ easy to get. 
Its strength in the eye of either form is a question of experiment. 

(405 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 13 

I have tried them in testing machines perhaps hundreds of times. I 
don't know how many. 

Q. Have you tried exactly these eyes? A. I don't know 

about exactly those e\es. 

Q. How did you arrive at the proper strength of those? A. 

By experiment which I had madebefore with testing machines. I 
don't recollect what the rule was now, but it was adding, I suppose, 
some percentage to what it would otherwise be. 

Q. Is that a fresh break or old break on that hanger? A. I 

cannot tell. Monday, when I examined it at the bridge, this was in- 
side its casting, and I did not then know that there was any crack in 
it, and whether the rust which is now there has come there since the 
disaster or before I cannot tell, 

Q. Is that where it was welded on? . A. That is across the 
weld. 

Q. Do you consider that a perfect weld? A. These do 

not seem to be welded down into the eye of the neck thoroughly. 
At any rate, they have opened slightly where the weld was, both of 
them. Beyond it seems to be united thoroughly. 

Q. How about this? A. That is split, but whether it is 

split through the weld I cannot tell. 

Q. [By Mr. Thomas.] Would those have opened had they been 
perfectly welded ? A. That first crack on the lower end of the un- 

broken hanger might have opened if it had been a perfect weld. 

Q. [By the Chairman.] To what kind of a strain is that break 
due? A. It is a mere question of opinion ; I can give you mine, 

Q. Is it due to a tension spring or to a cross spring? A. I 
think it was an enormous leverage on the floor beam acting upon it. 

Q. A leverage in w^hat direction? A. For instance : Re- 

present the main truss, if you please, by this roll ; represent the floor- 
beam truss by my arm. When the thing went down there was an 
enormous leverage in this way, which we should expect to tear out 
something. It is a very long lever, some twenty feet, and a very short 
distance from the fulcrum to its end, a few inches only, which would 
increase the leverage forty times or thereabouts. I should expect it 
would break something. 

Q. Put your arm in there and show how it would work that 
way. A. This laid vertically in the bridge, the floor beam hor- 
izontally, which would now be upright. The strain of the level 

(405 words.) 



14 BEALE'S BOOK OF LEGAL DICTATION. 

might be in either direction, this way or that way, and I think the 
result would be the same either way. 

Q. Then you tliink it was not a leverage one side or the other? 
A. You mean, longitudinally with the bridge? 

Q. I mean that way. A. The pin is too short. That wo-uld 

be a leverage produced by the pin. I mean a leverage produced by 
the floor beam. 

Q. Where was the floor beam with relation to those ^ Between 
them? A. I think the floor beams were on each side of those, 

and these were beween the pins going through the bottom end of the 
links, and the webs of the floor beams. 

Q. Will you be kind enough to make a drawing showing the 
way in which you think that part was arranged. (The witness made 
a drawing as requested.) A. aa are the bottom ends of these 

links, and there they are vertical, bb are the two I beams which com- 
posed the floor beams. These beams are reinforced by plates cccCy 
through which passes the pin d, 

Q. Passing through these reinforcing plates, and also through 
the I beams? A. Through the I beams on the lower ends the of 
links aa. ee are the main ties of the floor beam truss. The joint 
block came down and rested on the top of these floor beams bb, and 
extended for perhaps a foot (I don't know what the distance is) 
crosswise of the bridge; so that the other end of the floor beam, if 
held in position and the truss dropped (which amounts to the same 
thing as taking hold of the other end of the floor beam and raising 
or lowering it), having a bearing against the cast-iron block and 
the pin, would produce this leverage, which should break something. 

Q. Have you examined the bridge since the accident? A. 

I examined it on Monday morning. 

Q. What did you find? A. I found several things that I 

could not understand or see any reason for. Of course I found 
these links broken, and I was surprised to find the floor beam se- 
cured to the block at one end. I should have expected that they 
would both have been broken away somehow. 

Q. Where do you mean? At this end of this block? A. 

Yes, sir. The floor beam remained attached to the block at the 
southern end in the upper chord. At the Boston end it was broken, 
as these links show. Those two at the Boston end came from the 
block that shows where something has given it an awful blow, — a 

(427 words.) 



J:5 



BEALE'S BOOK OF LEGAL DICTATION. 15 

blow sufficient to have overturned the whole bridge, surely. On the 
easterly side of the bridge there was one vertical post which was 
buckled, as though it had been buckled by a sheer compressive strain, 
(Witness pointed out the post to which he referred, on a small photo- 
raph.) 1 think in this was the post on wh'ch the northern floor 
beam rested in the easterly truss. I won't be quite sure that this is 
the one, but I think so. The post was buckled. 

Q. What do you mean by ''buckled"? A. Call this the 

post; the weight pressing down upon it buckled it up in this way. 
There was no mark of having hit it sideways to cause it, that I could 
find. The next joint towards Boston on the same side in the upper 
chord was broken down. T could not account for that, because there 
is no weight upon it, — nothing rested upon it. I do not recollect 
anything else, but I have an impression that there was something 
else that I could not understand. 

Q. [By Mr. O'Brien.] If there was no weight resting on it, and 
it had cracked and rusted, could it not have been broken by the 
weight of the train at that particular moment? A. I should not 

properly say there was no weight resting upon it. 

Q. There was no way of examining it; but we find, after the 
bridge has broken down, that it had rusted, showing an old crack? 
A. I don't know whether that w^as rusted at that point. 

Q. Suppose it was, for the time being, would not the weight of 
the train coming upon it at that moment break that joint up in that 
box that could not be opened and could not be inspected? A. 

Not until something else went first. That was not in the joint block 
at all. I am speaking of the right side. 

Q. It is one of those heavy upright beams that you say buckled ? 
A. Yes, sir. It was the one directly under the floor beam. It was 
buckled up at some point below its centre. The upper chord was 
broken at the next post, broken right over, and that post broken 
right down. 

Q. What was the condition, after the accident, of this truss? 
A. All smashed up. I ought not to say that ; but it was all down, 
of course. A. ' Was not every thing bent and twisted? Oh, no. 

Q [By Mr. Thomas.] Could it have struck that abutment or 
anything of that sort? A. It was too far away from it. It was 
away out in the road. 

Q. That one that buckled supported the floor beam which 

'(436 words.) 



l6 BEALE'S BOOK OE LEGAL DICTAIIOX. 



came from the first joint on the other truss? A. Yes, sir. I 

remember that is one, because I saw the mark on the top where the 
casting, which is shown on this small photograph, was torn off. That 
possibly might account for the fact of that floor beam not breaking 
loose from the joint block at the other end. That floor beam at the 
other end was in this identical pair of links. 

Q. Now that you see the results of the accident, what is your 
opinion in regard to the nature and cause of it? A. Well, I am 

unable to definitely make up my mind as to what the actual cause 
was. In general, I believe it must have been either derailment, or the 
breaking of some part of the rolling stock, which let it down on to 
the upper chord, and in its motion, whatever the speed was going 
towards Boston, striking that joint block and overturning the whole 
thing. I think that the blow would have done it. What the thing 
was that broke and let the car down I can't tell ; there might be quite 
a number of different things. I have no opinion about that. 

Q. Might it not have been a brake-bar? A. For aught I 

know. 

Q. The brake-bar does not go outside of the car? A. It 

does not project as far as that. 

Q. What could it have been, then? Could it have been any- 
thing except derailment under that theory? A. I don't know 
whether a derailment would have carried the axle-box far enouch 

o 

over — that is, by dropping it vertically — to have hit it, but if the car 
was off the track sideways it could undoubtedly have done so. 

Q. How do you mean, off the track sideways? A. Well, 

perpendicular to the direction of the track horizontally. 

O. You mean outside of the iron a considerable distance? A. 
Well, it would not have to go very far; just how far it would have to 
go I don't recollect. 

Q. [By Mr. O'Brien.] Admitting that for a moment, if the 
bridge was properly constructed, with a proper floor system and 
guard rails, ought not the train to have gone off and not borne down 
the bridge? A. If you can get a train off the track on a bridge 

so that it shall not strike any of the main supporting parts of the 
bridge, you can carry it across safely, — if you can steer it so that it 
shall not strike anywhere. 

Q. On a majority of railroads }ou can steer a derailed train on 
a bridge perfectly, can't you? A. It is a pretty hard job to do. 

(437 words.) 



BEALE'S BOOK OE LEGAE DICTA flON. 17 

O. It is done? A. It is done at times. 

Q. Do you believe that if at Clinton a train should run off the 
track on the bridge, it would put that bridge through into the river? 
A. I do, most certainly. I don't know what would prevent it. A 
train would not have to go very far off the track before it would go 
into the river. 

Q. [By the Chairman.] You have not spoken in regard to the 
breaks of those hangers. What do those suggest to your mind? 
A. I thought I had described that as in my opinion the peculiar 
leverage which it gets from the floor beam. 

Q. The further hangers? A. The same things. 

Q, Are these fresh breaks? A. I think so; I think they 
were broken by the fall. 

Q. How soon did you see that after the accident? A. I 

saw that Monday afternoon. I went out on the quarter-past three 
train, I think it was, or ten minutes past three. They do not look 
as fresh now as they did then. 

Q. Do you think that was broken at the time of the accident? 
A. I think so. I examined them pretty closely on Monday, as 
closely as I could in the position that they were, and satisfied my- 
self in my own mind that that was a fresh break. 

Q. Were they resting in the water at that time? A. No, 
sir. 

Q. Was it raining at that time? A. Not while I was there. 

Q. Were they wet? A. No moisture on them. 

Q. Did they look differently then from what they do now? 
A. They looked slightly fresher than they do now. 

Q. [By Mr. Thomas.] Look like good iron, in your opinion? 
A. Yes ; I think it was good iron. 

Q. [By the chairman.] You would pass it as good iron, 
would you? A. Yes, sir. 

Q. What makes the difference in appearance between this 
part and this part in here ; is that where it was welded, or not? A. 
Oh, no ; that is a break through the solid iron. 

Q. What makes the difference between the appearance there 
and here? A. There are two spots there that are rusted. There 
are spots on the edge there that are clean ; it is not rusted over the 
whole surface. I think it is fresh rust. 

(369 words.) 



I8 BEALE'S BOOK OF LEGAL DICTATION. 



Q. You think that is fresh in here? A. Yes, sir. You see 
there is rust away into the grain at the furthest point. 

Q. And that is fresh rust? A. I think so. It looks to me 

as if at this point it had been done when forged ; made pretty hot, 
perhaps quite as hot as it ought to be. 

Q. [By Mr. Thomas.] Burned? A. I don't think it was 

burned, but came pretty near it. 

Q. If they got it too hot, that weakened it, didn't it? A. 

Yes, sir ; you can't heat iron too hot without weakening it. You can't 
make a weld that is as strong as soHd iron. 

Q. [By the chairman.] How long would it take for iron to 
get rusted? A. Well, under some circumstances it would rust 

in a very short time. 

Q. How many hours? A. Within a single hour, — under 
favorable circumstances, of course. 

Q. Rusted.the way it is now? A. As much as it is now; 
yes. 

Q. [By Mr. O'Brien.] Is the bearing face of the top chord 
that we have here properly faced up, in your opinion? A. Not 

in this present condition. That has been knocked out of its original 
condition. When it was made, the whole thing was squared off true 
by a machine. 

Q. I understand you to say that you never built any bridge 
before or since like that? A. Not so far as putting it alongside 

of a truss like the other is concerned. 

Q. You did design and build a bridge similar to this on the 
Boston & Maine Railroad, didn't you? A. Not like this. 

Q. You did build one, — it seems to me I recollect it? A. 
It was a short through bridge. 

Q. Where was that? A. I can't tell the location. 

Q. Does it stand now? A. No; that was knocked down 

by a train off the track. 

Q, Did you know where it was? A. I can't tell the loca- 
tion; it was on the Boston & Maine extension. 

Q. Are you correct in saying that the height of the truss was 
twenty-six feet, I think, between the sections ; theoretical height. 

Q. Were the bearings of the joint blocks planned? A. 
Planned. 

Q. [By the Chairman.] You stated, as your opinion, that 

(355 words.) 



BEALE'S BOOK OE LEGAL DICTATION. 19 

those two hangers were not broken, either of them, before the acci- 
dent happened? A. I think so. 

Q. [By Mr. O'Brien.] When that bridge down in Maine fell, 
was it put up by you individually, or by the Stoddard Company? 
A. By the Massachusetts Iron Company. 

Q. [By Mr. Jones.] Did you ever see these hangers before 
they were put into the bridge? A. Undoubtedly, though I don't 

recollect having done so. 

Q. Do you recollect having inspected any hangers before they 
were put in? A. No, I do not. 

Q. Where were those hangers manufactured? A. At the 
Newark Iron Works. 

Q. You sent the specifications to the Newark Iron Works, I 
suppose, that they were manufactured according to the specifications? 
A. They furnished the iron, and the work was done by their men. 
I had a man there in my employ who had charge of the work or the 
supervision of it. 

Q. How many times were you in Newark inspecting the work 
on this bridge yourself? A. I could not tell, but probably five 

or six times. 

Q. Do you recall the name of the man who inspected this work? 
A. John Ashmead. 

Q. Where is he now? A. He is in Chicago. 

Q. Where was the iron work shipped when it came from 
Newark? A. Shipped directly to the site of the bridge. 

Q. Did you examine each piece yourself there before the 
bridge was put together? A. Well, I could not say that I did; 

but undoubtedly, I saw every piece. 

Q. Who erected the bridge at the site? A. The work was 
done by the railroad, under my supervision. I think the contract 
specified that they accepted that part of the contract which put their 
mechanics under my supervision. 

Q. Regular mechanics of the railroad? A. Yes, sir. 

Q. They were not specially bridge builders? A. I think 
the men who work there are continuously employed upon the bridges 
whenever there is any thing of that kind to be done. 

Q. How long did it take you to put that bridge together at the 
site? A. I could not tell from recollection. 

Q. Were you there constantly while it was going up? A. 

- (338 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 



Probably not constantly, but there daily, and most of the time 
every day. 

y. [By Mr. Phelps.] Mr. Cross, did you select the iron your- 
self out of which this bridge was made? A. No; it was furnish- 
ed by the Newark Iron Works. 

Q. Did you name the character of the iron? A. Yes, sir. 

Q. How definitely did you name the character of the iron 
that you wanted? A. The same as that in the specifications. 

Q. That is, best wrought iron? A. What is termed in the 

market ^'best best," which is a better quality, is another working, 
than what is called "best iron." 

Q. Is there any inspection possible of forges of this character 
that would prevent the iron from being overheated, if the workmen 
were careless? A. No, sir. 

Q. I mean possible in practicable management? • A. The 
only way possible would be for an expert to stand over the workman 
when he was doing the work and practically do it himself. 

O. Is there anything in the appearance of those hangers, as 
you see them now, independently of the fact that they are broken, 
that would induce you to criticise the iron unfavorably? A. No, 

sir. 

Q. You consider it good iron, so far as you can judge by its 
appearance? A. Yes, sir. 

Q. How about the workmanship? Do you see anything in the 
workmanship that would lead you to criticise those hangers, if they 
were under inspection, now ? A. There is one point where I think 

the iron was slightly overheated. 

Q. And that is visible on inspection after the work is done, is 
it? A. No, sir; only after it was broken. 

Q. Is there anything which, if it were not broken, would induce 
you to criticise those hangers unfavorably, if you were now inspect- 
ing them for acceptance? A. No, sir. 

Q. You are sure that the burning of the iron would not show 
except upon a break? A. I should not know how to discover it. 

Q. So far as you can judge from seeing the iron after it is 
broken, what is its quality, in your judgment? A. I think it is 

good. 

Q. Do you see anything about it that would lead you to re- 
ject it? A. I do not. 

(353 words.) 



HEAi>E'S BOOK OF LEGAL DICTATION. 



y. Is there anything in the workmanship which you would 
criticise, except tlie appearance of the iron which you find upon its 
being broken? A. No. 

Q. What was the purpose of that piece of what I think you 
called "shape iron," which is riveted on to a piece of plate iron, and 
formed, I think, apart of the upper chord of your truss? A. That 

was to unite the three I beams which composed the compression 
members, and at the same time add so much to its sectional area. 

Q. You mean that the upper chord of that truss was com- 
posed of three I beams, surrounded by plate iron? A. Par- 
tially surrounded. If you would like, I will make you a sketch of 
this sectional area. 

Q. [By the Chairman.] Are those hangers as well made as the 
other extension members of the bridge, do you suppose? A. I 

think so. 

Q. Ought they to have been as well made? A. Certainly. 

Q. Ought they not have been more carefully made? A, 

Yes ; they should have been more carefully made. 

Q. And you think they are fully as well made as the other ex- 
tension members of the bridge, do you? A. They are not per- 
haps as handsomely made, as far as outside finish is concerned. 

Q. Do you think they are as well made? A. Special care 
was taken that they should be safely made. 

Q. Do you think they are properly made? A. I think so. 

Q. As well made as you would expect them to be made? 
A. I think so. 

Q. [By Mr. Rhodes.] Did any one compute the strain which 
each one of these trusses would bear? A. Yes, I think so. 

Q. Could you tell from the position of the rails what portion 
of the weight each truss would bear? A. Certainly. 

Q. Did you ever compute a bridge like that? A. Many 
times. It is the same principle as any bridge. 

Q. [By Mr. Jones.] If this hanger which is broken here, should 
give way, the efi"ect of that would be to let down the floor beam 
which that supports at the west side of the bridge, would it not? 
A. Yes. 

Q. Now, that would let down the whole road-bed at that point, 
would it not? A. Certainly. 

(357 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 



Q. And the strain would go through naturally, the road-bed 
giving way? A. Yes, sir. 

O. The impulse would be toward the west, would it not? 
That is, it giving way to the outside first, the impulse would be out- 
ward, would it not? A. The impulse in the first instance would 
be directly in the line of the track; in the next instance it would be 
to the left, or westward, as you describe. From the skew of the 
abutment that would be perhaps the strongest inclination, to the left, 
by the locomotive pulling in that direction. Of course the abutment 
would deflect everything. 

Q. Would the fact of the cars being on a curve and to the left 
also have that effect? A. I don't know that they would have any 

effect, but on account of the skew of the bridge I should expect the 
cars to go that way. 

Q. Now, is it at all unnatural to suppose that the bruise to 
that joint block which you have described could have been occasion- 
ed by the sinking of the road-bed and throwing a car against the 
joint block? A. Yes; there are two reasons why I think that 

could not have been the cause: If the cars dropped vertically, I don't 
know of any part of the car that could have made such a mark on 
the casting by striking it. In the next place, the post or strut that 
was directly underneath it would have been crushed, which was not 
the case ; it was split, it was not crushed, as it would have been if the 
large floor beam had been dropped. 

Q. You mean the strut that supported the floor beam? 
A. It did not support it, but was directly under it. 

Q. In your theory of derailment, how should that bruise be 
caused? A. By the train going off the track on that side far 

enough for some portion of the truck to strike this casting. 

Q. How high up is that casting from the level of the rails? 
A. My recollection is that it is pretty nearly flush. 

Q. The effect of the sinking of the road-bed, if you had an up- 
ward thrust of the train, would be to throw the axle over against the 
joint block, would it not? A. It would not get angle enough to 

do that. 

Q. Did you see anything on the sleepers that were taken from 
the road-bed on the bridge that indicated anything to your mind? 
A. No ; I tried to, but could not get anything from them. 

Q. When did you inspect the bridge? A. Monday afternoon. 

(423 words.) 



HEALE'S BOOK OF LEGAL DICTATION. 23 



O. You could see the sleepers on the Chelsea side of the wreck? 
A. Yes. 

Q, There were no signs of derailment, were there, there? 
A. 1 think not. 

Q. How far across the bridge should you say you inspected the 
sleepers? A. I can tell better by looking at this photograph. 

I crawled down on the sleepers here ; that is the way I got to the 
wreck. I came down this abutment on the Chelsea side. There I 
came to the track, and followed it along down. There must have 
been eight sleepers that I saw. 

Q. There were no signs of derailment? A. I did not see 
any. 

Q. [By Mr. Phelps.] I forgot to ask you whether you saw the 
pieces of these hangers which are here now when you were out on 
the wreck? A. Yes, I saw them. 

Q. Did they have bright fractures at the time you saw them? 
A. Yes, sir. 

Q. No indication on them of an old break? A. No, sir; 
not that I could see. 

Q. Did you form your opinion from seeing them with those 
pieces at the time that the break was new and not old? A. Cer- 
tainly ; my opinion was made up from seeing the two together. 

Q, And you formed the opinion without hesitation that it was 
not an old break? A. Not without hesitation; I gave them a 
careful examination. 

Q. I mean, you came to the decided opinion, did you, that it 
was a new break and not an old one? A. I did; yes, sir. 

Q. Was this bridge properly divided, in your opinion, with 
diagonal bracing between the two horizontally? A. Yes, sir. It 
was horizontal in two planes, top and bottom chord, and vertical at 
each floor beam. 

Q. There was both vertical and horizontal bracing ? A. Yes, 
sir; at each floor beam. 

Q. And the ends of the trusses, where they were not opposite 
to one another, were braced to the abutments? A. Yes, sir; 
some of the horizontal bracing went into the abutment, anchored 
there. 

Q. In forming your, theory of the way in which this happened, 

(329 words.) 



24 BEALE'S BOOK OF LEGAL DICTATION. 

did you take into account the condition of the three cars which ar- 
rived on the other side? A. Yes, sir. 

Q. Have you considered the bearing upon that accident of the 
fact that the second and third cars were badly telescoped, indicating 
that they received the full weight of the train behind them after 
they had substantially stopped? A. The only impression I got 

from that was that perhaps that was somewhat due to the shock 
received by the train when it struck that casting. 

Q. Do you think that if the first or second car had struck 
the casting, knocking the bridge down as you say, the first, second 
and third cars could have been dragged on to the abutment as far 
as they were? A. Well, I have not any opinion on that; I 
don't know. 

Q. Is it not very clear that they could not? A. Well, 

strange things will happen. I have not any opinion. 

Q. [By Mr. Rhodes.] Have }'ou any opinion as to which car 
was derailed first? A. No. 

Q. Would you expect to find on the sleepers, marks of wheels 
when the wreck is removed, if there was derailment? A. Not 

necessarily, but I should look for them. 

Q. If there were marks of wheels, they would be recognized 
as such, would they not? A. In all probability, though marks 

that you get by wheels are sometimes mistaken for marks of brake- 
rods that were hanging down and striking. Still, as a rule, you can 
be pretty certain it was a wheel. 

Q. (By Mr. Phelps.) Is there any doubt in your mind that if 
the bridge had given way with the train upon it, by the breaking of 
these straps, without any previous check of the train, the train would 
have gone down, and whatever went over would have got over safe- 
ly, — I mean without being telescoped? A. I think it must be so. 

Q. That is, there would have been a drop of the whole thing 
when those straps gave away? A. Undoubtedly; because that 

portion of the train which have gone over would have broken loose 
from the rest, and nothing could have affected it from behind. 

Q. And what was on the bridge would have gone right down? 
A. Yes; they would have been stopped for the abutment; they 
could not have run into the cars in front of them. 

Q. Yes; but it could have got to the abutment? A. Oh, 
no, sir. 

(395 ^vol■:.s.^ 



BEALh'^ BOOR Ul^ L1j:GA1. UICl A riOX. 25 

Q. [By the Chairman.] Could the bridge go down so fast, 
the train going at a rate of fifteen miles an hour, that those three cars 
would not have gone on to the embankment on the opposite side? 
A. It is difficult to tell how fast it would go down; but I think that 
whatever struck that casting, whatever was behind them, would not 
have gone into what was in front of them, w^iether the bridge went 
down slowly or quickly. 

O. Supposing that both those hangers gave way under the 
second car, and the cars came on, dropping all the time, and struck 
against the abutment here, and the other cars were coming down 
after them, all connected by Miller platforms, would they not have 
given a very great push, and would not that have had a tendency to 
telescope that car there, w^here it struck against that car there, 
and push it up on the abutment? A. Undoubtedly that car 

w^ould have been telescoped, but it seems to me impossible that it 
could have gotten up to the abutment. 

Q. The track from there to there would have fallen down that 
way, resting on a pivot here and dropped down as a whole body, 
would it not? A. Yes, sir; if it w^as the rear truck of the second 

car, for instance, that struck here, I suppose that car might have 
gotten over on to the abutment; I don't know but that car might 
have gotten a severe shock from the cars in its rear. 

Q. Might not the front car, going at that rate, have got to this 
piece of the bridge which was about dropping down, perhaps? This 
portion here would not have dropped, would it? Could it not have 
gotten up and gone over? A. I don't believe that car could have 

gotten up there. 

Q. [By Mr. O'Brien.] From whom did this burned iron come? 
A. The Newark Company. 

Q. Is that a first-class company? A. First-class company. 

Q. Would a first-class company allow^ burned iron to go out of 
its place? A. \^ou hardly do fair in calling it burned iron. I 

mean to say, w^hile it was heated rather warmer than I think it ought 
to have been, at the sam.e time, I don't think it had been heated to 
an unreasonable extent, to do it any serious injury. 

Q. There is no element of weakness in that iron, in your 
opinion? A. I do not think it is quite as strong as if it had not 

been overheated, but I think it is very strong. 

Q. If that has been properly inspected, either in its manufact- 

(403 words.") 



26 BEALE'S BOOK OF LEGAL DICTA'riON. 

ure or after it was complete, would not that burned iron have been 
found out? A. No, sir. 

Q. There is no way to find it out? A. No way to find it 

out. 

Q. You have got to trust the company itself? A. You 

have got to trust the company itself. A company to a considerable 
extent has got to be trusted to do its work properly. 

Q. But if properly inspected at the time it is going through its 
formation, the inspector will find out whether it is being burned or 
not. A first-class corporation would have a competent inspector, it 
seems to me. A. No concern can appoint a special man to watch 
every stroke that is made, or every heat that is put into the fire. The 
workmen must be inspectors themselves to that extent. That is so 
in all concerns, without any limitation. 

Q. A competent workman would not let burned iron to go out 
of his shop, would he? A. The Newark Iron Company mean to 
employ good workmen, and they think they do so. 

Adjourned to Friday at ten o'clock. 

(176 words.") 



BEALE'S BOOK OF LEGAL UlCl ATION. 27 



Before the Senate Committee of Agriculture, Washington, D. C, 
Feb. 8, 1 1 



Fictitious names are substituted for the actual names in this and all other testi- 
timony in this book. 

Q. Where do you Hve? A. Chicago. 

Q. What is your business? A. Manufacturer of refined 

lard. 

Q. What is your full name? A. • Benjamin R. Brown. 

Q. What is the title of the firm of which you are a member? 
A. B. R. Brown & Co. 

Q. What is your business? A. Refiner of lard, and manu- 
facturer of lard oil. 

Q. Is that (packer's lard) put on the market before refining? 
A. It is to a certain extent, but the refiners, you understand, sup- 
ply seven-eighths of all the lard that is used for commercial purposes. 
Take Robinson & Co. and ourselves, and two or three houses in New 
York, and we handle virtually all the lard, seven-eighths of it, that 
is made and refined. It is put through this process of settling, puri- 
fying and making fit for culinary purposes. In order to keep up the 
quality and obviate the disagreeable taste to meet the demand of the 
trade, we added cotton-seed oil and oleomargarine stearine. 

Q. Cannot }'ou tell us about the other one-eighth, where it is 
made, and who makes it? A. That would be Jones and other 
butchers, and small manufacturers. A great many butchers and a 
great many small packers who kill from fifty to one hundred hogs a 
day render it out. 

Q. This other one-eighth. What is your judgment about it? 
Is it a deleterious compound to any extent, or adulteration which re- 
quires -any legislation or regulation at all? A, No, sir. If there 
is to be any law regulating the sale of lard, putting the dealers in 
lard, the large manufacturers, under restrictions, there should be a 
law that would cover all. 

Q. You have explained about seven-eighths of the lard. Now, 

(278 words.) 



28 BEALE'S UOUK OE EEGAE DICrATlOX. 



SO far as you know, is there any occasion for legal regulation in re- 
gard to the other one-eighth? A. Certainly there would be. 

Q. Just confine your answer to that one-eighth. Is it a hurt- 
ful substance that requires any legislation whatever? A. I should 
say not. 

Q. [By Senator Williams.] Do you mean to say seven-eighths 
of all the lard made and consumed in this country is of the compound 
lard that you speak of? A, , Yes, sir. I should say so at a rough 

guess. I have not got the figures. Perhaps I ought to modify that 
and make it three-fourths. About three-fourths of the compound 
lard, and the other is pure hog lard. 

Q. I want to know how it is that in the long run the pure lard 
maintains one-half a cent •higher in price? A. I do not think 

that pure lard, as you call it, the regular lard, does in the retail mar- 
ket bring a half cent more. 

Q. That statement has been made repeatedly. A. That is 

in the retail markets. I mean in Chicago markets where there is a 
large general market, and in New York where the refiner of Europe 
wants to buy lard. The general market is half a cent more. 

Q. Just confine yourself now to this country. You say that 
the pure lard, such as Jones and the rest of them sell, and such as 
yourself and Robinson sell, the pure lard without the cotton-seed 
and the other mixtures sells for one-half cent more than the other? 
A. I don't say that. 

y. Then what is it you say about that one-half cent a pound 
more for pure lard? Who pays it, the consumer, the family? 
A. Yes, sir. 

Q. Then it comes to this, that the consumer of the lard is will- 
ing to give half a cent more for pure lard than for the other article? 
A. No, sir. Here is what it is. You have heard an answer in re- 
lation to Jones' pure lard. That is an exceptionally pure lard. It is 
made from the pure leaf. The lard that I am describing to you is 
the No. I packers' refined steam lard, as it is rendered. Everything 
is dumped into the tank, mainly robbed of the leaf which i^s taken 
out, and it is not any such quality of lard as this is, and it is not any 
such quality of lard as the large amount, one-eighth or one-quarter of 
lard, that is sold, which is made by small butchers and small packers 
who render their lard carefully and put it up sweet and nice. 

(436 words.) 



beall:'s B(jor of legal dictation. .29 

Q. In point of fact you don*t render pure leaf lard ? A. No, 
sir. We buy it in the markets from the packers. 

Q.. [By Senator Hall.] Suppose a retailer had pure lard and 
and this rerined lard, would he charge the same price for either? 
A. That would depend. 

O. Would you charge him half a cent more (for pure lard) 
than you would for the compound? A. Yes, sir; we don't put 

up the regular lard. 

O. But if you did so, you would? A. Yes, sir. 

O. [By Senator Thayer.] Before you get through, tell what 
specific things you object to in this bill? A. I object to stigma- 

tizing an article that is pure and wholesome and gives entire satisfac- 
tion to the whole world, as an adulterated article. 

Q. [By Senator Hall.] Will you object to using the word 
''characterizing"? Stigmatizing is a bad word. Would you object 
to the formula being pressed on each package of which the compound 
is made? A. Of course I would object, because every manufac- 

turer lias certain formulas and certain mixtures in putting up, which 
he does not want to give away to his customers. 

y. Would you object to characterizing such as ''compound 
laid"? A. Yes, sir. I contend that it is already characterized 

under the name that the trade throughout the whole world thorough- 
ly understands. 

O. Do the consumers understand that? A. Yes, sir; just 

as they would understand any other characterization. 

Q. Would it not be natural for myself going into a grocery 
store and seeing pure lard and refined lard, to infer that the refined 
lard was the purer article of the two, and represented what I wanted. 
A. It is better. 

Q. But the point is that it is not lard? A. That is a fact. 

Q. [By Senator Thayer.] Why not change your trade mark 
"Refined lard composed fifty per cent, of pure lard, hogs fat, twenty 
per cent, refined cotton-seed oil, and thirty per cent, of refined beef 
tallow?" That shows just what you are made of. Would that injure 
you? A. Yes, sir. 

O. Wh}^? It would simply be the truth? A. Because in 

the first place we don't want to tell all our competitors what the for- 
mula is. We sa}^ that it is sufficiently known today. We don't 

(360 words. ^ 



BEALE'S BOOK OF LEGAL DICTATION. 



think it is just and right to compel a lard manufacturer to do it es- 
pecially. 

Q. It ought to help you, because it is better than hog fat? 
A. It would not help us. It don't help any manufacturer to change 
his marks. 

Q. If anybody sells an article under a wrong name, let them 
be corrected too. A. I don't think they are selling them under 

a wrong name. There are very few articles in trade today that are 
not mixtures and manufactured articles. 

Q. You say you don't want to give away your formula. Sup- 
pose you retain your present name and say, composed of hogs fat, 
tallow and cotton-seed oil. That does not give away any formula, 
it gives only the three component articles. Would that do any 
harm? A. It would do harm in changing our label and brand 

which we have been twenty-five years building up, and which the 
people understand. We say there is no demand for this, or occasion 
for it. There is no demand from the people for it. You have not 
heard any commotion over the country about the deleterious sub- 
stance of this lard. 

Q. Suppose there were twenty per cent, of pure lard in your 
compound. Would you regardjt as a fair thing to the trade to call 
it refined lard, without letting every one know that it was a compound ? 
A. After we have been putting up lard for twenty-five years, we 
claim to become expert in the manufacture of an edible lard for dom- 
estic purposes. If we consider that we can make an article that 
meets the demand of our trade, fulfils the wants of the trade, and is 
pure and wholesome, and valuable, and can put in fifty per cent, or 
sixty per cent, of lard to make it firm, it meets the demands of our 
trade. That is all we want. We know what they want better than 
they do themselves. 

Q. You think that if there was only twenty per cent, of lard 
that would be right to brand that as refined lard? A. Yes, sir. 

If we choose to use our brand, which is our capital in business, which 
is the thing we make our money out of, which is our reputation, and 
we are able to sell that well known brand all over the country in larg- 
er quantities than any other concern in the world of refined lard — 
very much larger — and we have been doing it for twenty-five years ; 
if we choose to say we are willing to put in our brand of refined lard 
only about twenty per cent, of lard, we consider it perfectly fair to 

(393 words.") 



BEALE'S BOOR OF LEGAL DICTA 1 ION. 31 

do it. We are willing to take that risk, and if the public find out 
that it don't meet their wants, they find it out quicker than anything 
else. 

Q. Don't you think it would be sailing under false colors? 
A. It would not be sailing under false colors. There is our name 
*'B. R. Brown & Co., Refined Lard." That is our lard. I have been 
in the business too long to prostitute that name. 

O. [By Senator Hall.] The word ''refined, " I understand, is 
identified solely now with this lard made by yourself? A. Yes, 

sir. It is made of beef stearine, cotton-seed oil, and packers' lard. 

Q. Solely? A. Yes, sir. 

Q. [By Senator Hall.] The statement has been made that lard, 
made by some refined lard manufacturers, is made of grease, dead 
hog fat, and various other impure substances. Please state whether 
this is a fact. From your own observation tell us what you know 
about it? A. I don't know. I have never seen nor known any 

of the refiners to do that. I know from my own observation that it 
is entirely impossible to use dead hog grease in refined lard. That 
is fit for the public to use. It is detected at once. Chemistry Tias 
not yet discovered anything to eliminate the smell and taste of dead 
hog grease. It cannot be done. It has not been done yet. The 
lard always has a smell, and I have spent a great many dollars in try- 
ing to eliminate that smell and taste. 

Q. [By Mr. Jackson.] You don't slaughter any hogs? A. No, 
sir. 

Q. From whom do you purchase your material? A. We 
purchase it in the open market on change. 

Q. In Chicago? A. Yes, sir; and from the different pack- 
ers in Chicago, Omaha, St. Louis and everywhere. 

Q. Now you have a process by which you put this thing 
through for the purpose of producing your refined lard? A. Yes, 
sir. 

Q. And your establishment is in Chicago? A. Yes, sir; 
St. Louis and Omaha. 

Q. Have you any objection to any person who is capable of 
appreciating and understanding what your process is and what ma- 
terials you are using, to go into your factory? A. None at all. 

Q. You never denied anybody the pleasure of doing that? 

(381 words.) 



32 BEALE'S BOOK OF LEGAL DlC'l AllOX. 

A. I cannot say. If a man would come down and say, I would Hke 
to go through your factory, and see how you are making lard, I would 
say, as a rule, we don't allow everybody to go through the factory. 

Q. Would you give him the ingredients? A. No, sir. 

We would give it to the committee. 

Q. Why not? A. Because it was none of his business. 

Q. Will you tell the committee exactly your process of mak- 
ing this article which you sell in the markets? A. I have already. 

Q. Will you tell us how much hog lard you use, and how much 
cotton-seed oil you use, and how much other material you use? 
A. I have told the committee that once. 

Q. You have spoken here several times of formulas. Have you 
those formulas? A. No, sir, I have not. They differ according 

to the season of the year and the climate where the article is going. 

Q. Now assume you are going to send it to Cuba. How much 
hog lard would you put in? A. I cannot tell you. I don't go 

to the factory, and I don't make the lard. 

Q. You have one man, I suppose, who regulates the compound 
and the quantity of each ingredient that goes in. Who is he? 
A. Mr. Smith. 

Q. Do you say you don't know how much lard goes into your 
shipments of that article to Cuba? A. No, sir; I don't under- 

stand that. I know about how much, that is all. 

Q. Do you know how much cotton-seed oil goes into the pro- 
duct you ship to Europe? A. No, sir. 

Q. Do you know how much cotton-seed oil goes into the pro- 
duct that comes, for instance, to the city of Washington, or New York? 
A. No, sir. 

Q. So that you are not able to tell the committee how much 
cotton-seed oil — A. (Interrupting.) I have told the committee 
about twenty-five per cent. I don't propose to give Jones or any 
other large manufacturer the benefit of the knowledge that I have ac- 
quired in twenty-five years. 

O. As I understand you, you don't propose to allow the per- 
sons who eat it to know how much is lard and how much is cotton- 
seed oil, and how much is something else? A. I don't propose 
to write them letters and advertise and tell them. If they are not 
satisfied with our article, they won't buy it. 

(396 words.) 



BEALE'S HOOK OF LEGAL DlCl A llON. ^^ 

Q. You seem to think now it is a healthier and better article 
than pure lard? A. Yes, sir. 

. Q. Then what is the objection of letting it be known ? A. 

There is no objection. 

Q. Then give it to us? A. It is not necessary; that is all. 

Q. Give us the name of some one who can give us accurate 
knowledge on that subject? A. I can give you a dozen names. 

Q. All right we would like to have them. A. Mr. Smith, 

Q. Is he here? A. No, sir. 

Q. Is there anybody here that does know? A. I don't 

know that there is. 

O. Now your process, as I understand you, js to take, we will 
say approximately, sixty per cent, of lard, and you proceed to refine 
that? A. Yes, sir. 

Q. Is it pure lard? A. Yes, sir; it is a commercial lard, 

and is known in our market and to the trade in Europe. 

Q. Then what is the next thing you do with it? A. The 
next thing is to put in the oil and stearine. 

Q. Now can you give the Committee any other reason than you 
have already given why you should not let the world know that this 
cotton-seed oil and lard mixed in it, is not pure lard ? A. I don't 
see any necessity. There has been no call upon us. I have no ob- 
jections in any way. 

Q. You have no objection to it. I repeat substantially a ques- 
tion put by a gentleman of the committee — What is your objection 
to putting it on your package? A. As I told the Committee be- 
fore, we don't propose to be compelled to change our brand of re- 
fined lard. ^ 

Q. You need not change your brand? A. Yes, we do 
change it. We put something else on our label than what we have 
had before. We will have to make a different arrangement in our 
trade, and I see no necessity for compelling any reputable manufac- 
turer to do any such a thing. If we were putting in any deleterious 
substance; if we were adulterating our lard seven eighths ; if we 
were reducing its quality or in any way doing anything that was in- 
jurious to it; if we defrauding the public -in any way, then it would 
be a proper thing that they should know. 

Q. But if you claim the right to be the judge of that yourself, 

(383 words.") 



34 BEALE'S BOOK OF LEGAL DlCTAllON. 

as I understand you? A. No, I don't. I leave the customer to 
be the judge of it. 

Q. But you don't allow the customer to know what you put in 
it. A. The customer eats it. 

Q. I think if you sell me a lard, I have a right to know what is 
in it. A. Yes, sir. 

Q. Why don't you tell the customer? A. Because there is 
no necessity. The customer don't want to know. He don't ask. 
If he discovers in using that lard, if he should take the lard and cook 
fish and doughnuts in it, and he should say — I find something in that 
I don't like the taste of it, and I wish you would tell us something 
about it — well, I.would tell him about it. 

(127 words. > 



HEALE'S BOOK OE LEGAL DICTA FION. 35 



HEARING BEFORE THE SENATE COMMITTEE. 

Friday, 10 A. M. 

At this point Ur. Poore was recalled, and made the following 
statement : 

''There are one or two things that I would like to state after read- 
ing the testimony pf Mr. Tager I was not in Boston on the Mon- 
day afternoon that he refers to when I met Senator Bassett. I have 
not been in Boston on a Monday afternoon for many months. I 
would like also to say that at this interview which Mr. Tager denies, 
almost the first thing that I remember was a statement from Mr. Tager 
that there were but nine names on the list, and he asked Mr. Bassett 
to furnish the other name. I also want to have the privilege of stat- 
ing that, as far as I am concerned, I have had no part or parcel in the 
instigation of this investigation or any other; that I am not one of 
the disappointed ones ; that when I go into a fight and get licked, 
that settles it with me, and consequently there is no rankling in my 
bosom, at any rate in regard to the victors in this case." 

Q. I understood you to tell the committee yesterday that the 
list was handed you, and upon that list were ten names? A. No, 
sir, I did not; not until this name was added. I did not see the list 
when it had but nine names. When it was handed to me, it had ten 
names. I did not have a list of senators and representatives in my 
office, but I saw Mr. Randerson have one there once. I would say 
it was not there that Monday. 

Q. Senator Bassett, your full name is Alfred S. Bassett? A. 
Yes, sir. 

Q. You reside where? A. In Great Barrington. 

Q. How long have you been a senator? A. This is my se- 
cond year. 

Q. What is your business? A. I am in the dry goods 

business. 

Q. Have you been a member of the House prior to your ser- 

(332 words.) 



36 liEALE'S BOOK OF LEGAJ. DlCTAllON. 

vice in the Senate? A. I was a member of the House in 1884 

and 1885. 

Q. Are you connected with any public institutions in the 
place of your residence? A. I am one of the trustees and board 

of investment of the Great Barrington Savings Bank. 

O. Have you been a senator in favor of the elevated roads or 
not? A. I have always been in favor of elevated roads. 

Q. And has it been with you, then, a mere question of what 
road should receive a charter instead of the question as to whether 
a charter should be granted or not? . A. Yes, sir. 

Q. Prior to this did you have any acquaintance with Dr. Poore? 
A. No, sir. 

Q. And prior to this time, had you any acquaintance with Mr. 
Randerson? A. I think I have met Mr. Randerson and been in- 

troduced to him, perhaps at two dififergnt times. 

Q. Can you state when and where? A. At Dr. Poore's of- 

fice, I think 194 Washington St. 

Q. Have you ever had any extended conversations with Mr. 
Randerson upon any subject? A. No, sir. 

Q. Have you heard him testify that on that Thursday afternoon, 
the 22d day of May, he had con\rersation w^ith you at 194 Washing- 
ton St., at which, besides yourself and himself, there was present, Mr. 
Tager? A. Yes, sir; I heard him testify so 

Q. I desire to ask you specifically whether any conversation 
with Mr. Randerson ever occurred in the presence or in the absence 
of Mr. Tager? A. No, sir. 

Q. Did you ever have any conversation with Mr. Randerson at 
the time and place referred to upon the subject of elevated roads, to 
any extent? A. No, sir, I didn't. 

Q. Have you had any conversation with him at any time or at 
any place concerning it? A. No, sir. 

Q. Leaving that and going to the following day, Friday, state 
whether or not you met, or w^ere met by Mr. Tager. A. Friday? 

Yes, sir. Mr. Tager invited me one afternoon — I think it was a Thurs- 
day afternoon. On that afternoon Mr. Tager invited me or request- 
ed me to go down to Dr. Poore's office, as Dr. Poore desired to see 
me and talk with me about elevated roads. I asked him what road 
Dr. Poore was connected with, and he said he was connected with 
what was known as the People's bill. I said to Mr. Tager that I was 

(384 words.) 



HEALE'S BOOR OE LEGA[. DICTATION. 37 

very busy, and that it was impossible for me to go that afternoon, 
and Mr. Tager asked me if I would go on the following morning. I 
said to. him that if I didn't go home I would go with him sometime 
the next morning, and Mr. Tager said that if I would meet him at 
nine o'clock at the Tremont House, he would go down with me, and 
I left it in that way, that if I didn't go home, I would go with him at 
9 o'clock Friday morning. 

Q. Did you meet him? A. I met him at the Tremont 

House and went with him to the office of Dr. Poore. 

Q. What time did you meet Mr. Tager? A. About nine 

o'clock, I think. 

Q. Do you remember whom you met that morning at Dr. Poore's 
office, when you went there with Mr. Tager? A. I saw Mr. Rand- 

erson in the office when I went in. 

Q. Did you have any conversation with him? A. I was in- 

troduced to him. 

Q. Now, during the time you were waiting for Dr. Poore, was 
there any conversation between you and three other gentlemen, of 
any kind about the delivery of the ten senatorial votes for $100,000, 
or anything of that character, which could have been continued up- 
on the arrival of Dr. Poore? A, No, sir. 

Q. How long do you say you waited for Dr. Poore? A. 

Only a few minutes; perhaps ten. 

Q. What happened when he came in? A. He came in, 
and I was introduced to him by Mr. Tager, and Dr. Poore said to me, 
"I am very glad to see you, Senator. I want to talk with you about 
elevated roads." I asked him if his road was going to be built if he 
got a charter. He said to me, ''This road is backed by moneyed 
men, men who have got plenty of money, and if we get a charter it 
will surely be built and operated." 

Q. Now, you have testified with reference to the statement 
that they had moneyed men behind them. Were any names used 
in that connection, and, if so, what names? A. Dr. Poore stated 

to me that they were about making a combination with the Mack 
system, and that they proposed to use that system if they got a char- 
ter, and gave me to understand that they had about completed their 
arrangements, and that they proposed to put in a substitute bill, if 
possible^ for the report of the committee. My conversation at that 
time was very short, because I was anxious to get up to the State 

(426 words.") 



38 BEALE'S BOOK OF LEGAL DICTATION. 

House. I had a committee meeting, and I had but a very few mom- 
ent's conversation with Dr. Poorc. 

Q. Can you recall and state anything further as to the subject 
of conversation between you? You say that this consolidation was 
mentioned, and that their ability to carry out the work was discussed. 
Was anything said about the system that they should use? A. 

They proposed to use the Mack system. Dr. Poore asked me the 
question as to how many senators there were in favor of elevated 
roads. I said to Dr. Poore that I believed the majority were in favor 
of elevated roads. 

Q. Did you give any list of names? A. No, sir, I didn't. 

Q. Did you see any list of names? A. No, sir; not at 

that time. 

Q. Was there any talk that you recall as to the possibility of 
combining the senators in favor of an elevated road against the West 
End, in case there was a consolidation of the other interests? A. 

No, sir. 

Q. Did you have any conversation at all, during this interview, 
with anybody as to the delivery of the ten senators for $100,000? 
A. No, sir. 

Q. Was there any reference made to the buying of senatorial 
votes at the first interview? A. No, sir. 

Q. Now, if you cannot recall anything else that took place at 
that time, will you state whether or not you saw Dr. Poore again, and 
if so, when? A. Yes, sir. I saw him again. Dr. Poore request- 

ed me to call again. He wished me to think the matter over, and see 
if I could not support his elevated road, and requested me to call 
again when I came back to the city, and I said that I would. 

Q. Did you go to Dr. Poore's office, and if so, when? A. 

I did ; yes, sir. 

Q. Whether or not it was at the suggestion of Dr. Poore that 
you called there? A. It was. 

Q. How did you get that request? A. The following week 

after I saw Dr. Poore, I received a telephone message from Mr. Tager, 
stating that Dr. Poore would like to see me, and I, at their request, 
went down to Dr. Poore's office. 

Q. Did you see anyone else there? A. I think Mr. Fran- 

ker was at the desk in the room when I went in. 

(376 words.") 



BEALE'S BOOK OE LEGAL DICTA FION. 39 



Q. Did anything else pass between you except the introduction ? 
A. No, sir. 

Q. Now, state. Senator Bassett, to the committee, in your words 
as nearly as you can remember, all the conversation which took place 
between you and Dr. Poore at this time? A. At this time Dr. 
Poore said that he was anxious to get a charter to build this elevated 
road. That they proposed to build the road, to get a charter. That 
they had plenty of money to do it witli. That they were ready to 
pay out $100,000, or $110,000, or $120,000, if necessary, to get a 
certain number of votes in the Senate to carry that bill. He said to 
me at this time that there were nine or ten senators who belonged to 
the opposite political party to what I do, that were in favor of their 
road, and he asked me if I knew how many Republican senators 
would be in favor of elevated roads. He also asked me at this time 
if I could furnish twelve or fourteen senators. Republicans, wdio would 
be sure to stand up for elevated roads, and I said to him at that time 
that I guessed that I was the wrong man ; that those kind of tactics 
might do in New Hampshire, but they would not do to carry the 
Massachusetts Senate. (Applause.) 

Q. What happened after that? A. I took my hat and left 
the room. 

Q. Have you ever seen and talked with Dr. Poore from that 
time to this? A. No, sir; the first time I saw Dr. Poore since 
that, was Thursday, in the hearing. 

Q. Senator Bassett, can you make any further statement with 
reference to the charge that has been made that you offered or sug- 
gested that you could furnish your and nine other votes in favor of 
the People's charter, for $100,000? A. No, sir; I never made 

any such statement. 

y. Let me ask you now, how long you have been acquainted 
with Mr. Tager prior to this incident? A. I knew him by sight 
a year ago, when I was a member of the Senate. I used to see him 
in the State House. 

Q. Has he from time to time spoken to you about the People's 
Elevated road? A. No, sir. He has acted simply as a messen- 
ger of Dr. Poore, and only in that way. That is, he had not spoken 
with me concerning the People's Elevated road until he asked me to 
go down to Dr. Poore's office at this time — I mean on the Thursday 
when we had the conversation. 

(421 words.) 



40 BEALE'S BOOK OF LEGAL DlClAllOxX. 

Q. Now, Senator, you went into Dr. Poore's office you say, at 
his request, with the intention of looking into the merits of his peti- 
tion? A. Yes, sir. 

Q. Did you take pains at other times, and in other ways, to in- 
form yourself about elevated roads ? A. Yes, sir ; the matter of elevat- 
ed roads has been a matter of great importance this year. I have 
looked into the Mack system somewhat, and into the Riley system, 
but I don't know much about the Riley system. The Meigs I do 
know something about. 

Q. Then you have looked into all of them, more or less? A. 

Yes, sir. 

Q. And what you did in the way of seeing Dr. Poore, for the 
purpose of investigating his system, was in pursuance of your general 
inquiries made on that subject? A. Yes, sir; it was stated that 

his people had the money to build the road and that they, if they had 
the charter, would build and operate the road. 

Q. Now, can you recollect any names that were used in con- 
nection with the financial backers of their enterprise? A. No, 
sir, I don't think I can. I don't think there were any names given 
to me. 

Q. Now, as to your connection wirh the West End Bill. I sup- 
pose, in an investigation of this kind, it is proper for me to ask you 
how you voted on it, what brought your mind to the point of vot- 
ing for the West End people ? A. The West End people were the only 
people that could, or would build and operate a road in the city of Bos- 
ton and it was in my judgment that it was in the interest of the people to 
have the West End folks bill the road. They proposed, as I understand 
it, to build and operate the road in connection with their surface road, 
and make one fare of five cents on both, and in my judgment, that 
was the proper thing for the city of Boston, and for the Commonwealth. 

Q. Now, you can state what, if anything, had any material in- 
fluence in bringing your mind to that conclusion — whether you read 
or saw anything that influenced your mind particularly ? A. Well, 

the first thing that lead me to believe in the elevated road was 
the argument of Ex. Gov. Strong. I read it, and read the account of 
all the hearings as they occurred in the newspapers. 

Adjourned until one o'clock p. m. 

(402 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 41 



Superior Court, Fourth Session, April 6, 1891. 

Q. [By Mr. HoUis.] Where were you in August, 1890? 
A. In Boston most of the time. 1 went to Denver in September. 

Q. What is your full name, Mr. Patch ? A. Charles W. 

Patch. 

Q. What does the *^W" stand for? A. Nothing; simply 
-W." 

O. Did you ever know a man of the name of Charles Wing? 
A. Yes, sir. 

Q. Where? A. In Boston. I have met him in various 
places, the Masonic Temple for one. 

Q. Did you have some transactions with him relating to this 
check? A. Yes, sir. 

Q. Where were you on the 14th day of August? A. In 
Boston. 

Q. Where were you on the 2Sth? A. In Boston. 

Q. Where were you on the 29th? A. I think I was in 
Boston most of the time. 

Q, Have you known any one by the name of Charles Wing 
other than the person you have spoken of? A. Yes, sir. 

Q. Who? A. An uncle of mine by marriage. 

Q. Were you named after him? A. I don't understand 
your question. 

Q. Did you receive the name of Wing from this uncle? 
A. I don't think so, but it might be said I did. 

Q. How long have you been signing your name Charles W. 
Patch? A. About two years. 

Q. Where did you first meet Mr. Charles Wing? A. I 
think it was in Young's Hotel. 

Q. Who introduced you to him? A. I do not remem- 
ber. 

Q. What was the nature of his business? A. I under- 
stood he represented a New York house. 

Q. What was the line of goods? A. I cannot say. 

(245 words.") 



42 INHALE'S liOUK UF LIXiAL DlCTAriOX. 

Q. Do you know of any one in Boston who knows Charles 
Wing? A. I do not. 

Q. How many times have you seen Charles Wing? A. 

I cannot tell. 

O. Did you meet Charles Wing in the Masonic Temple at 
Boston? A. I think 1 met him in the corridor of the Temple. 

Am not sure whether I sat in the lodge with him. 

Q. Can you recall any subject of conversation except insur- 
ance, you had when in Charles Wing's company? A. I think 
we talked on Masonic matters and the business with which he was 
connected. 

Q. Don't you recall the nature of that business? A. I do 

not. 

Q. What business transactions had you with Charles Wing? 
A. The negotiation of mortgages. 

O. Where were the lands located that these mortgages represent- 
ed? A. I think they were in Kansas — Reno County, I believe. 

Q. Where did you understand that Charles Wing lived? 
A. I always thought that he lived in Boston or its vicinity. 

Q. How long before he negotiated the first mortgage was he at 
your office? A. About ten days previous. 

Q. How did you learn that Charles Wing had money to invest 
in mortgages? A. At a general conversation at my office. 

Q. Do you remember the name of the mortgagors on the mort- 
gages you sold to Charles Wing? A. I do not. 

Q. Of whom did you purchase the mortgages you held? A. 
Of C. N. Brown of Boston. 

Q. Did you make any inquiry as to the amount of funds Wing 
had in the Mechanics' Bank? A. I did not. When I had my 

second interview with Wing, he showed me a pass book on the 
Mechanics' Bank in which there were three entries — one for $250 
and another for $1000.00 I informed him what had taken 
place at the bank, and he proceeded to explain the situation. 

Q. Do you remember who put that letter to the bank in type- 
written copy? A. I suppose the person employed in the office 
for that purpose. 

Q. Did not you do it yourself? A. I may have done so; 
it was my custom to write a letter on the machine once in a while. 

(340 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 43 

Q. What took place when Wing came to your office on Aug. 22 ? 
A. I showed him the letter received from the bank, in which was 
noted the protest of his check. He, in turn, exhibited a telegram, 
purporting to be from his house, calling him home. He could not, 
therefore, go to Worcester. Just before he went away he signed a 
draft for $3000, the balance, after paying for the mortgages, to be 
sent to them. 1 never saw him after that transaction. 

O. Did you lose anything on the $500 check? A. I did 

not. 

Q. Have you ever had business with any other Charles Wing? 
A. I have bought crockery of a man in Boston by the name of 
Wing. 

Q. Did you write the second and third letters to the bank — that 
is, run the machine? A. I cannot say. 

Q. What did you mean by saying in your letter of Sept. 15, 
that Charles Wing had redeemed the check of $500? A. That 
he had paid the protest fees. 

Q. How much were the protest fees? A. About $2. I 
gave a check to my bank for the $500, including the $2. 

Q. Have you that check now? A. No, sir. It has been 
destroyed, with a number of others. 

Q. When? A. Last March. 

Q. After this trial had been commenced? A. Yes, sir. 

Q. And it was after information possessed by you, that it was 
with reference to your use of the name of Charles Wing, that this 
proceeding was based upon? A. It was. Will you allow me to 
explain why? 

You will simply answer my question. Time for explanation will 
come afterward. 

Q. Where were you during the week in which occurred the 
14th of August? A. In Boston most of the time. 

Q. Were you not in Worcester a part of the time? A. 

My best recollection is that I was not. 

Q. Were you in Worcester on the following week? A. I 
am quite sure I was not. 

Q. When were you last in Worcester? A.* That I cannot 
say. 

Q. Did you, during that week of Aug. 14, have any other bus- 
iness transaction that you recall? A. Yes, sir. 

(340 words.) 



44 BEALE'S BOOK OF LEGAL DICTATION. 

Q. You returned from New York on Saturday evening? 
A. Yes, sir. 

Q. You went to your office the next Monday morning? 
A. I did. 

Q. Were the ladies there when you arrived? A. They 
were not. 

Q, Where was it in Boston you received the application from 
Harry C. Smith? A. On Summer street. 

Q. What number on Summer street? A. I cannot remem- 
ber. 

Q. What business was carried on there? A. I cannot tell 
you? 

Q. Did you ever meet Harry C. Smith after that? A. I 
did not. 

Q. Why didn't Smith come to your office? A. The only 
reason I have is that people generally shun insurance offices. 

Q. Why did you not write in the number and name of the 
street where he resided? A. I cannot say. 

Q. Where did he live? A. I believe he said in Worcester. 

Court adjourned. 

(126 words. ") 



BEALE'S HOOK OF LEGAL DICTATION. 45 



SECOND HEARING, Friday, Jan. 4, i 130 p. m. 

Mr. Rollins. On last Monday I heard the questions asked by 
Alderman Worth, and other Aldermen, about the cost of gas, and 
the price at which we could make gas for the supply of the citizens 
of Rochester. Mr. Kennedy has been in Rochester since, and has 
made some figures. I desire to call on him this afternoon to answer 
some of those questions. 
Mr. Kennedy, recalled. 

Q. [By Mr. Rollins.] I want to know if you have, since the 
last hearing, made any plans or drawings of gas w^orks suitable for 
the city of Boston, for this company, and estimates of their probable 
cost? A. Yes, sir, I have, partially. You are aware that it is 
something of a piece of work to do. I have approximately done it. 
I have set plans which are very close to what we want here, and I 
brought them over with me, and have them to exhibit to any com-, 
mittee of the Board. 

y. Have you made any estimate of the cost of gas works for 
the People's Gas Light Co., and also of the cost of laying pipe for 
the company, to compete with the Rochester Gas Light Co? A. 
I haven't made any particular estimates in regard to laying pipe 
here ; it is about the same everywhere. 

Q. What do you estimate it would cost to construct the works 
and lay the pipe, for the purpose of supplying gas to the gas con- 
sumers in the city of Rochester by this company? A. Well, sir, 
I should put it about $2,000,000. 

Q. Can you go to w^ork for $2,000,000? A. Yes, sir. 

Q. Now, have you made any estimate about the price at which 
you can furnish gas to the citizens of Boston ; in other words, at 
what price you can manufacture illuminating gas, at a profit, to the 
citizens of Rochester who are now buying gas of the Rochester Gas 
Light Co.? A. Well, sir, the way that I got that question in my 
mind from Alderman Worth, the last time I was here, was this : He 
wanted to know about the cost of producing gas, and I have to re- 
ply to that, that when we have a fair share of the business here, we 

(362 words.) 



46 BEALE'S BOOK OF LEGAL DICTATION. 

can manufacture and distribute gas at a cost of about $1.30 a thousand. 

Q. What can you furnish that gas to the citizens of Rochester 
for? A. Well, sir, if we had a consumption say of a million feet 

a day, on the average, we could sell it for $2.00 per thousand feet. 

Q. That is, at the present price of coal ? A. At the present 

price of coal. Of course, that is a variable article. 

Q. What illuminating power would that gas be? A. Well, 

sir, from eighteen to twenty candles. 

Q. Is the company of which you are the manager in New York, 
the Mutual Gas Light Co., in competition with the New York, the 
Manhattan, and the Metropolitan Gas Light Companies? A. 

We are, sir. 

Q. Is your candle power greater than theirs? A. It is. 

Q. And you furnish it at the same price? A. Yes, sir; it 

is two or three times as good. 

Q. Your bills are less per month than theirs on account of the 
richer quality or higher illuminating power of gas? A. Ye$, sir. 

Q. I understand your answer to be today, that gas works, the 
apparatus, and the pipes for a company to enter into competition 
with the Rochester Gas Light Co., can be furnished at an expense of 
about $2,000,000; and that, in the second place, gas can be manu- 
factured and sold of a better quality than it is now furnished to the 
citizens of Rochester, by the new company, for about $2.00 a thous- 
and, provided the consumption is a million feet a day, or three hun- 
dred million feet a year? A. Yes, sir. 

Q. Are you aware of the number of feet of gas sold by the Ro- 
chester Gas Light Co. last year? A. It was stated here at the 
last meeting as over 700,000,000 feet, I understood. 

Q. So that if you had a chance of selling three-sevenths the 
amount of gas sold by the Rochester Gas Light Co. last year, you 
could sell it for one-half the price? A. Yes, sir. 

Q. Perhaps it will be better for me to ask a question which may 
be asked you fiom some other source, — are you in any way connect- 
ed with the People's Gas Light Company of Rochester ? A. Well, 
sir, when I came here first, I came here as an expert, by invitation ; 
and, after I looked over the ground, I concluded to become a stock- 
holder in it. 

Q. You came with the expectation, I believe, of competing for 

(399 words ") 



BEALK'S HOOK OF LEGAL DICTA flON. 47 

the contract to make the works, having had twenty-five years' experi- 
ence as a gas-works builder? A. Yes, sir. 

Q. Ivvill ask you now whether you are prepared to take stock 
in this new company; whether you have confidence enough in the 
abiHty of this company to furnish gas to the citizens of Rochester, 
and make money by it, to take stock in the company, and if so how 
much ? A. Well, sir, if you will look upon the subscription paper, 

you will see that I have subscribed for two thousand shares. 

Q. And are you willing in good faith to put up that amount of 
money, if the authority be granted? A. I am, sir. 

Q. Are you willing, as one of the stockholders to the amount 
of $20,000, to be responsible for a part, one-fifth, say, of a sum to 
put up as a forfeit to the city of Rochester, or to bind yourself in any 
other way that the city of Rochester chooses, that this company will 
go on and build the works, lay the pipes, and furnish gas to those 
who wish to buy it, and not sell out to any other company? A. 
I am, sir, most decidedly. 

(197 words.) 



48 BEALE'S BOOK OF LEGAL DICTATION. 



CROSS-EXAM IN ATION. 

Q. [By Mr. Moore.] Will you state the items that go to make 
up the $2,000,000 which you allow for the cost of the works, etc.? 
A. Well, sir, I have stated, as a gas-works builder, what I can do, 
and am willing to explain myself in detail to any committee of this 
Board. I don't know that it is proper for me to stand up here and 
give the inside of this business publicly. 

Q. Do you allow for the cost of land when you say that the. en- 
tire expense will be $2,000,000? A. Of course I do, sir. 

Q. How much do you allow for that? A. Well, sir, I have 
only to reply to that, that I am here in the behalf of the People's Gas 
Light Company. I am not here to tell the Rochester Gas Light 
Company what I can do. They haven't employed me for that pur- 
pose. 

Q. That answer was first suggested to you by counsel was it 
not? A. No, sir, I suggested to counsel whether I should make 
that answer. 

Q. You decline to state what you allow for the cost of land? 
A. I do, sir, in this way. I say again, I repeat it, that to a commit- 
tee of this Board of Aldermen, I am ready to give all the particulars, 
all the figures, but I beg to decline to give them to you. You are 
not a stockholder in this company, and the business of this company 
belongs to the stockholders exclusively, according to my views of 
business. 

Q. I am not asking these questions in behalf of the Rochester 
Gas Light Company. I am asking them for the benefit of the Board 
who are to hear and determine this question. A. I am ready to 

respond to the Board in a proper way. 

Q. How much land do you allow for? A. Well, sir, we 

should require several acres. 

Q. How many acres? A. Well, I don't think that is im- 

portant, sir, if the company have the money to purchase them. They 
will get anywhere from three to ten, if they require it. 

Q. Well, would three acres be sufficient? A. Well, I don't 

think it would be quite enough, sir. 

(356 words.) 



BEALE'S BOOK OF LEGAL DICTA TION. 49 

Q. How many would be sufficient? A. Well, that I will 
determine when I make the ground plan of the works. I haven't 
done it yet. I never do that until I see the land. 

O. Well, how many acres did you include in your two million 
dollars? A. Well, sir, I am not prepared to answer that. 

O. Did you make any allowance for any specific number of 
acres? A. Why, as a matter of course, I did. 

O. Can you state what it was? A. I can, but I decline to 

do it.^ 

O. What reason have you for declining? A. Because I 

don't think, if you will pardon me for the expression, that it is any of 
your business. 

Q. You came here prepared to make a statement in answer to 
the question of one of the Alderman what would probably be the 
cost of works of the new company? A. I beg leave to say 

that I have been for twenty-five years doing this business. I have 
executed some of the largest contracts in the United States, and I 
know just exactly what I am about all the time. When parties em- 
ploy me, I know just how to advise them. I want to say that for in- 
formation. 

Q. I am much obliged to you for the information, but it don't 
help us along at all. Are you acquainted with the value of the land 
in Rochester? A. I think I am, sir. I have been posted about 
that. 

Q. How long have you been in Rochester? A. I have been 
here off and on ; I can't say exactly, how many hours, or days, or 
weeks. 

Q. How many hours do you think you have been in Roches- 
ter? A. Well, sir, I have been here long enough to know the 
price of land. I beg to assure 3^ou of that. 

Q. Well, what is the price of the land that you allowed for these 
works? How much do you allow afoot or an acre for it? A. 

Well, land runs all the way from fifty cents to two dollars afoot here. 

Q. Is two dollars the maximum? A. I don't know that. 

Q. Without going now to the question of the quantity of the 
land, how much a foot or an acre do you allow for the land you pro- 
pose to take? A. That I will reply to my Board of Directors 
when they ask me the question. 

(390 words.") 



50 BEALE'S BOOK OF LEGAL DICTATION. 

Q. You don't propose to tell anybody else? A. I propose, 

as I said before, — I wish to state it distinctly, — if there is a committee 
of the Board who want every detail of the thing, I am at liberty to 
give it. 

Q. Will you answer it now if one of the Aldermen will ask the 
question? A. No, sir, I beg leave to decline. I will answer to 

a committee of the Board. I don't see the object of the request. 

Q. Then, as I understand you, you don't decline because I ask 
the question, but you would decline to answer anybody here? A. 

Well, sir, I have just stated what I propose to do. I am willing to 
give the Board any information they want, or a committee of the 
Board, but I don't see the propriety of my going into these details 
here, for the benefit of other people who have no interest in it, be- 
yond the Board of Aldermen. 

Q. What buildings do you include in your estimate? A. 

Well, sir, you know the buildings that are incident to gas works; re- 
tort house, purifying house, officers' house, coal house, valve house, 
gas-holder, tank, all those articles that are incident to gas works. 

Q. What do you allow for the cost of those buildings? A. 

I decline to answer that, sir. I decline to answer anything touching 
that. 

Q. How many gas-holders have you allowed for? A. I 

decline to answer that also. I don't think that enters into the ques- 
tion at all. 

Q. How many miles of street mains have you allowed for? 
A. Enough to accommodate the city. 

Q. How many? A. Well, I don't propose to tell you that, 

sir. 

O. Have you formed an estimate in your ow^n mind how many 
miles of street main will be needed to accommodate the city? A. 

Yes, sir, I have. 

Q. How many is it? A. Well, sir, I don't know what that 

has to do with the subject matter, at all. 

Q. You decline to state to the Board how many miles of street 
main you have allowed for? A. I don't decline to state to the 

Board, but decline to state it to you most decidedly. 

Q. I don't ask you to state it to me ; but will you state to the 
Board how many miles of street mains in your judgment are neces- 
sary to supply the city of Rochester with gas? 

(388 words.) 



BEALE'S HOOK OF LEOAL DICTATION. 51 



[By Mr. Rollins.] I object to that question, and I will state 
here that we do not propose to give the Rochester Gas Light Com- 
pany any information that our stockholders alone should have. We 
do not propose to tell it publicly, in the hearing of the Rochester 
Gas Light Company and others, just how^ much it is going to cost to 
construct the works to supply the citizens of Rochester, who are now 
supplied by the Rochester Gas Light Company. We propose to tell 
them how much we can manufacture and sell the gas for. We do 
not propose to tell our private business to the Rochester Gas Light 
Compan)', or to its agents or attorneys, or to tell our private business 
to the Board of Aldermen in the presence of the agents of the Roch- 
ester Gas Light Company. They may ask the information from now 
until ten o'clock, and they will not get it. As Mr. Green says, that 
is information which belongs to the company. You will get it in 
round numbers what we can do, but you shall not have the details. 

Hearing adjourned. 

(188 words.) 



52 BEALE'S BOOK OF LEGAL DICTATION. 



do. 



TESTIMONY OF RICHARD CONLEY. 
Q. [By Mr. Willis.] You reside at Beverly Farms? A. I 



Q. And do business there? A. I do. 

Q. What is your business? A. Contractor and builder. 

Q. Are you a member of the local committee of Beverly Farms ? 
A. I am, sir. 

O. In behalf of incorporation? A. lam. 

Q. And as a member of that committee have you taken any 
steps to ascertain the polls? A. I have. 

Q. What will be the number of polls in the proposed new town 
of Beverly Farms? A. 1316. 

Q. How did you obtain those figures? A. I was the secre- 

tary of the committee appointed by the regular committee for the 
proposed division of the town of Beverly, and, as secretary of the 
committee, which consisted of five, I compiled the population, which 
proved to be 13 16. 

Q. How did the committee ascertain it? A. They ascer- 

tained it by personally going around to the houses and finding out; 
not that in every case they called at every house, because as a gene- 
ral thing everybody on the place knows who lives in each house. 

Q. How many houses are there? A. There are 277. 

Q. How many stables and barns? A. 198. 

Q. And what is the number of horses and catties? A. 342. 

Q. How many children under five years of age? A. 104. 

Q. How many children between five and fifteen? A. 149. 

Q. Total number under 21 years of age? A. 384. 

Q. Males over 21? A. 472. 

Q. Females over 21 ? A. 460. 

Q. Making a total number of how many? A. 1316. 

Q. With this population of 13 16, how will Beverl}' Farms com- 
pare with the population of other towns in the Commonwealth ? A. 

(250 words. ") 



BEALE'S BOOK OF LEGAL DICTATION. 53 

It will be larger than 126 other towns. 

Q. How does the present town of Beverly rank in that respect? 
A. The present town of Beverly is exceeded in population by only 
II towns in tlie Commonwealth, and if it is divided it will be exceed- 
ed by 19. 

Q. That is, the remaining part will have a population exceed- 
ed by only 19 other towns? A. Yes, sir. 

y. And the proposed new town will be exceeded by how many? 
A. By 126, I believe. 

Q. What stores, shops, etc., are there in Beverly Farms? A. 
There are several grocery stores, blacksmith shops, provision stores, 
fish stores, millinery stores, carpenter shops, and, in fact, every branch 
of business is carried on there, where I, for instance, can go and or- 
der any sort of material that I want for household or for business 
purposes. 

Q. Is there anything further you wish to add? A. I had a 

suggestion to make to the committee, that there are three items here 
which foot up to a total population of about 13 12, the total under 21 
years of age, the males over 21 and the females over 21. This ex- 
planation I make so that the chairman will not get confused in the 
total number by adding the children under five years and the chil- 
dren between five and fifteen. 



Cross-examination, 

Q. [By Mr. Moultry.] How long have you been in business? 
A. I have been in business about two years and a half at Beverly 
Farms, and before that about a year. 

Q. Are you alone, or with some one else? A. I have two 

brothers in business with me at present. 

Q. What is your business? A. Contractor and builder in 

stone workj and roads, etc. 

Q. Where is your work? A. My work at present is all in 

Magnolia and Manchester. I haren't a man working at Beverly 
Farms, and haven't had one for two months. 

Q. Before that how was it? A. Before that, the'percentage 
of my business done in Beverly Farms was about 15 per cent., and 
outside of Beverly Farms it was 85. 

iZZZ words.) 



54 LEALE'S liOOK OF LEGAL DICIAI JOX. 



Q. You have made a careful comparison of the amount of your 
business in Beverly Farms and elsewhere? A. 1 have, sir. 

Q. When did you take the trouble to do that? A. I take 

the trouble the first of every January. 

Q. To estimate the amount of business that you carry on in 
Beverly Farms as compared with your whole business? A. Yes; 

I can foot it up in five minutes by taking each contract and job, the 
total I have in Beverly Farms and outside of Beverly Farms. 

Q. What induces you to do it? A. Simply a business pro- 

pensity. 

Q. Is that all ? A. Well, in — this — case I should — say that 

it— is mere curiosity; not that I — ever — had any idea of being asked 
any — question by the counsel for — Beverly, but — this — year and last 
I — was so very — much interested in the town, I thought I would 
look it over and see what it was. 

Q. And you have not made that calculation until this year, 
then, in relation to your business? A. No, sir, I have not. 

Q. To ascertain what the amount you did in Beverly Farms was 
as compared with what you did in other places? A. No, sir. 

Q. When did you make the calculation this year? A. I 
made it this year shortly after the first of January. 

Q. And you communicated the result to some one, I suppose? 
A. No, sir, not to a soul. 

Q. Never have up to this time? A. No, sir. 

Q. How many contractors and builders are there in Beverly 
Farms? A. Perhaps I cannot name them all, but I have footed 
them up, and if I remember rightly there are ten ; that includes car- 
penters, etc. 

Q. Firms or individuals? A. Well, I suppose they are all 
firms. 

y. Your recollection is there are ten? A. As I recollect 
it; I don't make it as a positive statement. 

Q. How many are there in your special line of business, stone 
work? A. Four. 

Q. They are employed principally at the Farms, do you know? 
A. I should say for the last year, I can say positively that, for in- 
stance, Lawrence Watts & Son have had more men employed out of 
Beverly Farms than they have had there. 

(353 words, ") 



HEALE'S HOOK OE LEOAE DICTA TION. 



55 



Q. How many have they had employed at Beverly Farms? 
A. I cannot say. 

Q. Have you any means of making an estimate ? A. I have 
no means of making an estimate, no, sir. 

Mr. Willis. Mr. Watts is going on as the next witness, if you 
want to ask him. 

Q. What other contractors in the same line that you are in have 
been employed at Beverly Farms during the last year, and during the 
last two or three years? A. Daniel Linnehan has last year, and 

George T. Larkin has, which comprises the four, including Conley 
Brothers. 

Q. They have both been employed at the Farms? A. To 
a greater or less extent. 

Q. How many men do each employ? A. That I cannot 

say, sir. 

Q. Do you know how many men there are at the Farms who 
are classed as laborers in your petition? A. No, sir, I think not, 
I cannot say. 

Q. Haven't you seen the number 68 given? A. No, sir, I 
can't say I have, I don't recollect. 

Q. What is your idea in regard to that, whether that is a cor- 
rect statement of the number? A. I have formed none at all, I 
don't know; I haven't given any attention to it. 

Q. Well, sir, I am not going into any particulars now, but the 
most of the petitioners reside in the village of Beverly Farms, do they 
not, the larger number? A. I presume they do, yes, sir. 

Q. Has there been any building in the village of Beverly Farms 
during the past year? A. Yes, sir. As I recollect there have 
been four residences built, besides the engine house. Two of those 
were built by the so-called summer residents, and two by regular re- 
sidents, all the year round residents. 

Q. How many during the last ten years have been built by those 
you term regular residents? A. That, sir> I am not prepared to 

answer ; I don't know. 

Q. Will you describe a little more particularly the places of 
business at Beverly Farms? You say that you can get everything 
there that is necessary for you to use in the course of your business? 
A. The expression I used, sir, was **order." I can get nearly every- 
thing there upon demand, and I can order anything that I want. 

(367 words. ") 



56 liEALE'S BOOK OF LEGAL DICTATlOxN. 

Q. You can do that at any place, I suppose, if you can get a 
messenger to go and get it. Is there any hardware store at the Farms ? 
A. I beg your pardon, but you misconstrue my statement. I do not 
mean through a messenger by any means; I mean through a store- 
keeper. 

Q. Is there any hardware store at Beverly F'arms ? A. Not 

in the strict sense of the word, a hardware store I should not consider 
it ; but there is a grocery store run by D. W. Handy & Sons. In fact, 
you might call it a country store. I can buy shovels there and rakes, 
and have bought them. 

Q. That was established within a year? A. It was, sir. 

Q. By Mr. Handy, who was a witness for the petitioners last 
year? A. Yes, sir. 

Q. And who testified that he was a contractor and builder last 
year. Well, sir, what are the other places of business you referred to 
at Beverly Farms? , A. Well, there are fish stores. There is a 
fish store in connection with a grocery store run by Dennett, and there 
is a grocery store run by Isaac F. May. I can mention, if you desire 
it, every store on the place. 

Q. Suppose we speak of the fish stores now. What portion of 
the year are they open as fish stores? A. There is one of them 

open all the year round; and the other store, one other store, is run 
by the Boston firm. 

Q. Which one is that? A. Murphy^s. 

Q. That is the one that is open all the year round ? A. No, 

Dennett & Telfer's. 

Q. When was that store started? A. I won't say positive- 

ly, but I should say somewheres about two }^ears ago. 

Q. Isn't it within a year? A. I think not, sir. 

Q. That you are not sure about? A. Well, I am not sure 

about that, sir. As regards fish stores, that store is kept open all the 
year around, and one of the other fish stores is run by Mr. Stockton 
of Beverly; he does. not keep it open in winter, but he sends his team 
around through the Farms regularly in winter. 

Q. From Beverly? A. Yes, sir. 

O. Well, that is all in the way offish stores, I believe. Now, 
go ahead and state what the other places of business are. A. There 

(381 words.) 



BEALE'S BOOK OF LEOAJ. DICTATION. 57 

is another fish store run by Murphy Brothers of Boston, and there is 
a grocery store run by Messrs. Converse & Greene. 

Q. This one run by Murphy Brothers is closed in the winter? 
A. It is, sir. There is a small store, a sort of small variety store, a 
fruit and candy store, run by Mr. May. In the same building there 
is a plumber's shop run by Perry & Prince. 

Q. When was that plumbing business established ? A. Last 
spring. 

y. Since the hearing last year? A. I think so, sir. 

Q. Go on. A. Then running up the street we come to the 

shoe store of Andrew Davis, which is kept open all the year around. 
Then comes a millinery store. 

Q. That business was also started within the last year, was it 
not? A. I think not, sir. 

Q. Are you sure about it? A. I am quite sure, sir. 

Q. How long in your opinion, has that business been running? 
A. That business has been running for, I think it will be, two years 
either next June or July, if I remember rightly, from the fact it was 
started as soon as Mr. Marsh occupied the new store, which was about 
that time. Then there is an apothecary store in which you can get 
all sorts of drugs, medicines, and general country furnishing goods. 
It is a regular country store in connection with the apothecary store. 
Then we come to Murphy Brothers' fish market, and then to Converse 
& Greene's grocery store. Then going up to Prides' Crossing to the 
depot, you strike a fish store, then Wyman's variety store and pool 
room, and another Post-office. Then there is another grocery store 
run by John Burchmore, a provision store run by J. W. Paine, another 
grocery store run by Henry Smith, and another provision store run 
by Edward Smith. Those are all I can recollect at present. 

Q. Mr. Smith's place is inWenham, isn't it? A. I think it 
is — yes, I know it is. 

Q. Taking the places that you have mentioned since mention- 
ing the apothecary store, how many of those places are open the year 
round, and how many only in the summer? A. I can't say pos- 

itively how many are open the year round, but I know positively how 
many are closed in winter. They are Stockton's fish store, Murphy's 
fish store and J. W. Paine's meat market, of which he has a branch in 
the same place, actually making four stores closed in Winter; and 

(407 words.) 



58 BEALE'S BOOK OF LEGAL DICTATION. 

perhaps, I think the plumber is away this winter, which makes a total 
of five, run by four different men. 

Q. Are there no others? A. Not to my recollection, sir. 

Q. How many stores were there open at Beverly Farms yester- 
day and doing business? Were there more than four? A. Yes, 
sir, there were. 

Q. How many will you say? A. I won't guess at it, I won't 
jump at it; I can calculate it, sir, if you wish to wait. I can count 
nine, sir. 

Q. Nine places that were open yesterday? A. Yes, sir. 

Q. From your actual observation? A. Not from actual ob- 

servation, but without the owner was sick or dying, or something of 
that sort, I would be willing to assert that they were open yesterday. 

Q. Are those all in the Farms, all the places you speak of? 
A. There are two in the part of Wenham which it is proposed 
to set off. 

Q. You spoke of belonging to a committee, being secretary, as 
I understood }'ou, of a committee appointed by the regular commit- 
tee on division? Was that your language? A. Yes, sir, words 
to that effect. 

Q. Who was the treasurer of the general committee? A. I 
think, sir, the treasurer is Mr. William H. Parkman ; that I won't say 
positively. He was the treasurer, but he was out of town for a short 
time, and I can't say positively whether he is treasurer now or not. 

Q. When was that committee appointed? A. That com- 

mittee was appointed last spring by a regular meeting of the citizens 
of Beverly Farms. 

Q. Held where? A. In Marsh's hall. 

Q. Of how many does the committee consist ? A. The com- 
mittee consists now, I think, of about forty. 

Q. And what sub-committees are there? A. Well, there 
is an executive committee and no regular sub-committee, no regular 
standing committee besides that, except the committee who have the 
contribution paper in charge. 

Q. What do you call it, a contribution committee ? A. Yes, 
sir, or subscription. 

Q. Of whom is the executive committee composed? A. I 
can't recollect positively now, but to the best of my knowledge, Mr. 

(338 words. ") 



HEA1>L':'S HOOK OF LLOOAL DICTATION. 59 



Alvia Haskiiis, — the other two I don't recollect ; I think there were 
three on the committee. 

Q. [By Mr. Willis.] Mr. Handy? A. I think Mr. Handy. 
Mr. Willis, Mr. Handy, Mr. Haskins, and Mr. Darley was on the com- 
mittee, but he has resigned, and his place has not yet been filled. 

Q. [By Mr. Moultry.] Have there been meetings of the execu- 
tive committee held during the summer, do you know? A. Not 
having been a member of that committee, I cannot say. 

Q. Have there been weekly meetings of any commtttee held 
during the summer? A. I think so, during all but about two 

of the hottest months in the summer. 

Q. Commencing last spring? A. Yes, sir. 

Q. Have you been present at those meetings? A. I have, 

sir. 

Q. What committee was that? A. The regular committee 

of the proposed division of the town of Beverly. 

Q. And have they met weekly? A. Yes, sir, they have. 

Q. Where? A. At Marsh's hall. 

Q. In every instance? A. No, sir. 

Q. Where else? A. At the chapel in at last one or two in- 

stances, to my recollection, two instances, I think. 

Q. Any other place? A. No, sir. 

Q. Whom have you seen at those meetings? 

The Chairman, What is the bearing of all this, Mr. Moultry? 
I do not want to take time to discuss it, but can you tell me briefly if 
you think it is important? A. I do, sir. I would not take up 

the time of the committee unless I considered it of importance. I 
will endeavor to make the importance of it appear later, or I will state 
it now, if the committee desire. 

Q. I wish you would give me the names, I do not care for forty 
names, perhaps, of people who live in Beverly Farms, but I want you 
to give me the names of some persons you have been in the habit of 
meeting at those meetings ? A.I have met there Mr. Jesse Prince, 

Daniel W. Handy, Mr. Andrew Stanton, Mr. George Prince, Mr. John 
Parkman, my brother, Mr. Thomas D. Conley, Mr. Eben May. 

Q. I won't trouble you with any more of those, names. Have 
you met Mr. Moore, Mr. John T. Moore? A. No, sir, I have 
not this year. 

(358 words.) 



6o BEALE'S BOOK OF LEGAL DICTATlOTs. 

Q. Have you seen him there? A. No, sir, I have not this 

year. 

Q. Has he been to any of the meetings, to your knowledge? 

Q. Not to my knowledge, sir. 

Q. Will you say he has not been to the meetings of that com- 
mittee during the pasty^ar? A. I will not, sir, from the fact that 
I have missed one or two meetings, I was away on business; but for 
the rest of them I will vouch he was not there. 

Q. Have you seen Mr. Lothrop K. Thornton there? A. To 

the best of my recollection he was there was once, and only once. 

Q. When? A. As I recollect, sometime between the first 

of October and the first of November. 

Q. And did he take a part in the discussions, make a speech at 
the meeting, or anything of that kind? A. I think not, sir. 

Q. Are you sure about that? A. I am quite positive, sir, 

but I will not make the assertion that he didn't say anything. To 
the best of my recollection he took no actual part in the meeting. 

Q. Wasn't that at a public meeting that you are speaking of? 
A. I won't say positively, but I think not. 

Q. Did you hold public meetings? A. We did, sir. 

Q. How many? A. Three, I think. 

Q. Before we come to that, was Mr. Augustus P. Lawton pres- 
ent at these meetings of the committee you speak of ? A. He 
was not, sir. 

Q. Did you see him at all? A. I saw him once, sir; that 

was at the second last meeting of our committee, when he came in for 
a while with a few statistics which were called for. 

Q. Was Mr. Darley in the habit of meeting with the committee? 
A. . He was, sir. 

Q. James P. Darley? A. Yes, sir. 

Q. Now, these gentlemen whom I have mentioned are not what 
you would call permanent residents of the Farms, are they? A. 

I might answer that question by saying that they are not what the 
Beverly assessors in their valuation call non-residents. 

Q. Will you answer my question? You have answered some- 
thing else now. You gave a definition yourself, ''all the year round 
residents"? A. I would answer by saying that they are perma- 

nent residents. 

(358 words.) 



HEALK'S HOOR UF LEGAL DICTATION. 6i 



Q. Have you any objection to answering my question? If you 
have and so state, I will ask somebody else. A. I have from 

the fact that your question is so leading. I would say they are what 
some people would call summer residents. 

O. Don't others call them so? They are summer residents, are 
they not? A. In the strict sense of the word. 

Q. In the strict sense of the word, we have got that fact, they 
are summer residents? A. They merely go down there in the 

summer, I might say for the information of the committee. They 
are tax-payers, and have been so for years, and some of them live 
there all the year round. 

Q. [By the Chairman.] Where do they vote? A. They 

vote in Beverly. 

Q. [By Mr. Moultry.] Is there one of these gentlemen that is 
there today, — I don't mean there this minute, but living there now? 
A. Yes. 

y. Which one? A. Mr. Augustus P. Lawton. 

Q. He is the only one, I think? A. I think so, sir. Mr. 

•Darley lived there all last winter. 

Q. But he does not this winter? A. No, sir. 

Q. He moved into the town just before last winter, and remain- 
ed there through the winter, didn't he? A. I think he moved in 
the early summer, late spring or early summer. 

Q. You say that there have been three public meetings held at 
Beverly Farms in favor of division? A. Well, no, sir, — yes, sir, 

in favor of division. There have been tw^o more. 

Q. When were those held ? A. One was held last spring, 

immediately after our defeat ; another was held in the fall, and one 
still later on in the fall. 

Q. Those terms are a little indefinite ; can you give me the dates 
in the fall? A. I cannot, sir. 

Q. Was there any indignation meeting held about the time the 
tax bills came out? A. There was a division meeting held some- 

where about that time. 

Q. And the matter of taxes was discussed at that meeting? 
A. It was, sir. 

O. Did Mr. Lawlon make a speech at that meeting ? A. He 
did, sir. 

(335 words. ^ 



62 BEALE'S BOOK OF LEGAE DICTATION. 

Q. A speech denouncing the assessors of Beverly for the man- 
ner in which they had assessed property this year, was it not, and say- 
ing that his place was for sale at the taxed value, etc. ? A.I can't 
recollect his words ; I can't say he made that assertion. I know he 
spoke on the tax question. 

Q. And spoke very strongly upon the tax question, didn't he? 
A. Yes, sir, quite strongly. 

Q. Was any action taken by that public meeting? A. No 

action was taken except to — no, sir, I think not. I think there were 
two motions made, but one was not seconded, and the other motion 
was to adjourn. That is the only business done there, in the way 
of regular parliamentary business. 

Q. Did Mr. Morse speak at the meeting? A. He did, sir. 

Q. On the same subject, and in the same spirit? A. Well, 

he simply corroborated Mr. Lawton's opinion. 

Q. What other gentlemen who does not live at Beverly Farms 
all the year round spoke at that meeting? A. I think none. 

y. Have you made any comparison of the amount of land own- 
ed at Beverly Farms by the residents and non-residents? A. I* 
have not, sir. 

Q. [By Mr. Stevens.] What do you mean by non-residents? 
Do you mean men who do not live there in town? A. Hardly 

that; men who are not voters there, but who live there during the 
summer. 

O. And you cannot tell what proportion of the real and per- 
sonal property at Beverly Farms belongs to summer residents and 
non-residents as compared with the people who there all the year 
round? A. No, sir. 

Mr. Moultry. I do not think I will trouble you any further. 

The Chairman. Does any gentleman of the Committee desire 
to ask the witness any questions? 

Q. [By Mr. Willis.] Mr. Conley, you said you had frequent 
meetings of your Committee. How many constituted a quorum? 
A. Sixteen, sir. 

Q. Has there ever been a meeting when you have not had a 
quorum ? A. No, sir ; we have had more than a quorum in every 

case. 

Q. You spoke of Mr. John T. Moore as a summer resident; is 
he a town officer? A. He is, sir. 

(351 words.") 



BEALE'S BOOK OF LEGAL DICTATION. 63 

Q. What office does he fill? A. He is on the board of the 

school committee. 

Q. Elected by the town of Beverly? A. Yes, sir. 

Q. And Mr. Lothrop K. Thornton, is he a voter there? A. 
Yes, sir. 

Q. Has he ever filled any public office that you know of, or 
served on any committee of the town? A. I think he served on 
some water committee, but I would not say for sure. 

Q. Do you not know that he served on the water committee, 
for this independent water supply? A. I think so, sir; I cannot 

be certain. 

O. How long does he live there in a year? A. I think he 
lives there, — well, about six months. 

Q. Do you not know that he lives there often times seven or 
eight months in the year? A. That is merely the best of my 
knowledge. 

Mr. Moultry. Your question is leading. 

Mr. Willis. I am continuing the line my brother has establish- 
ed here of leading questions. 

Q. He owns property there, does he not? A. He does, sir. 

Q. How long has he lived there? A. I think he has lived 
there fifteen or sixteen years ; somewhere about that. 

Q. Do you know that he does not own any other house or has 
not owned any other house, with that exception ? A.I think not, 
sir. 

Q. Were these public meetings — you say you had how many, 
public meetings? A. I think three. 

Q. And there might have been four? A. Well, we had 
other public meetings on other matters. 

Q. Who were present at these public meetings besides Messrs. 
Moore, George Prince, Lothrop K. Thornton and James P. Darley? 
A. Well, the greater part of the regular citizens ; all the tax-payers 
of Beverly Farms, in short. 

Q. How many should you say were present at any meeting? 
A. I think at the one there in the Chapel there were 124, if I recol- 
lect the report of the secretary of the meeting. 

Q. What were they, gentlemen or ladies, or both? A. In 
that case I think they were all gentlemen. 

(326 words.) 



64 BEALE'S BOOK OF LEGAL DICTATION. 

Q. Who spoke there besides Mr. Thornton and Mr. Moore? 
A. Mr. Nathan B. Allis, Thomas B. Conley, John Elder, and, I think 
Mr. Handy. I think Mr. Augustus P. Lawton made a motion which 
was not seconded. 

Q. Are they all citizens and tax-payers? A. They are, sir. 

Q. Do they all pay tax on real estate? A. They do, sir. 

Q. You had other public meetings there? A. Yes, sir; at 
which ladies were present. 

Q. [By Mr. Moultry.] Will you give me the names of that 
Committee for soliciting contributions? A. Yes, sir; Mr. Rufus 
A. Handy and, I think, Mr. John Elder. 

Hearing adjourned* 

(99 words.") 



BEALE'S BOOK OF LEGAL DICTATION. 65 



United States vs. H. Hertz and E. C. Perkins. ^ 

District Court of the United States, > 

Eastern District of Pennsylvania. ) 

MAX F. O. STROBEL, sworn for the defendant, examined by 
Mr. Van Dyke, testified as follows: — 

Q. Of what country are you? A. I am from Bavaria. 

Q. Have you ever been in military service? A. Yes, sir. 
I have joined the Bavarian service in the artillery. 

Q. Have you ev'er been in war? A. Yes, sir, during the 
revolution in the year 1849. 

Q. How did you happen to leave the service ? A. Well, we 
were defeated and obliged to leave Baden and go into Switzerland. 
Then I stopped there and travelled through France and England, un- 
til 185 1. On the 13th of May, 185 1, I embarked at Havre and came 
to this country, and arrived here in June, 185 1. On the 23d of June, 
1 85 I, I came to this country. From that time until 1854, I worked 
for the Government. In the end of January, 1855, I saw Crampton, 
and received from him the reply. 

Q. State the whole of the conversation which took place between 
you. A, I received from Crampton the reply that he could not 
tell me at that moment what could be done. A few days afterward, 
I suppose on the 28th of January, I received a letter from Mr. Cramp- 
ton. 

Q. Is this the letter? A. Yes, sir. 

Q. And this the envelope in which it was enclosed? A. Yes 

sir. [The letter was here read in evidence, and marked Exhibit A.] 

(225 words.") 



66 l^EALE'S noOK OF LLXiAL DICTATION. 

Q. Did he use the words 'Svithiii the jurisdiction of the United 
States?" A. Yes, sir, *'vvithin the jurisdiction of the United 

States." 

Q. He used those exact words, did he? A. Yes, sir; but 

he was not sure whether the main depot should be at Halifax or in 
Canada, and he was obliged to make arrangements with the Gov. -Gen. 
of Canada. At the very same time he gave me a letter of introduc- 
tion to the British Consul in New York, Mr. Barclay, and told me he 
would send a messenger to the Gov. -Gen. of Canada. I went to New 
York and delivered my letter to Mr. Barclay. 

Q. \\''hat was this messenger sent for? A. To arrange mat- 

ters about a depot or place where we could send those men whom we 
got here in the States. 

Q. Have you ever seen a bill like this? A. I have seen 
that handbill. 

Q. Where? A. In Hertz's office. 

[The bill was here read in evidence, and marked Exhibit B.] 

Another bill here shown witness. 

Q. Have you ever seen this bill? A. I have ; in Detroit. 

[Bill was here read in evidence, and mauked Exhibit C] 

Q. You say you went to Mr. Hertz's office, and you saw the re- 
cruits sign the book there? Look at that book, and say if that is the 
book. A. That is the book. 

Q. Where did you see that book? A. At Mr. Hertz's of- 
fice. 

Q. Did you see any of the parties signing it? A. There is 
the handwriting of some of the men. 

Q. Will you read me the names of the men you saw sign? 
A. The names of the officers were cut out. 

Q. Do you remember the name of Joseph Purnell? A. Yes, 
sir; I recollect the names of all the men in my company. 

Q. Go on and state what you did after the men enlisted? A. 
After we had more than lOO men, we gave them cards and told them 
we would be ready to start on Sunday, the 25th of March, 1885, ^^i 
the steamer Delaware in the morning, for New York. 

Q. What did you or Hertz tell these men? If you told them 
anything, what was the understanding? A. The understanding 
was that these men who signed this book — 

(352 words. ") 



BEALE'S BOOK OF LEGAL DICTATION. 67 

Judge Kane : Was the understanding announced in the presence 
of Mr. Hertz? A. Yes, sir, in the presence of Mr. Hertz. The 
men were told that there was a foreign legion now established in Hali- 
fax. 

(34 words.) 



68 BEALE'S BOOK OF LEGAL DICTA IION. 



CASE U. S. VS. J. F. JONES. 
Charge to the Jury, Wilson, Judge. 

Mr, Foreman and Gentlemen of the Jury : — 

This offence which you have been called upon to try, is one un- 
der Section — or supposed to be described under Section i86 of the 
Federal Laws, and as amended in September, 1882. 

Now, as you understand, while a great majority of criminal pro- 
ceedings which are carried on in the interest and for the protection 
of society, are in the State courts, there are certain matters in refer- 
ence to affairs of the government, which are left exclusively with the 
general government. The matter of the mail service is one, and it be- 
ing the duty of the general government to furnish mail facilities, there 
goes with it necessarily the power to regulate the manner in which 
it shall be used. It is within the power of the general government to 
say what class of matter shall be carried through the mails. This 
power was so lodged with the general government, and was justifiable 
under the general constitution for its moral effect, the object being 
to obtain a better condition of society, and to see that the mails are 
not used for improper purposes. 

In making those remarks the Court, of course, does not intend 
to pass any judgment with reference to the matter charged in this in- 
dictment. I desire simply to say, that this matter is within the pro- 
vince of the general government, and Congress having passed upon 
questions of this kind, and declared that no matter of this nature, 
shall be carried through the mails, that principle is settled ; it is not 
for you or the Court to question the policy or advisability of the law; 
you must take it as it is. 

It is provided that no letter or circular concerning so-called gift 
concerts or other similar enterprises offering prizes, or concerning 
schemes devised or intended to deceive or defraud the government, or 
obtain money under false pretences shall be carried through the mails. 

(322 words.) 



BEALE'S KOOK OF LECiAL DICTATION. 69 

As amended it provides *'No letter, postal-card or circular, con- 
cerning any lottery, so-called gift concert or similar enterprise offer- 
ing prizes dependent upon lot or chance, or concerning schemes de- 
vised for the purpose of obtaining money, etc," 

I understand the ist and 2d counts to be based upon that para- 
graph in the law, that no papers relating to enterprises offering prizes 
dependent upon lot or chance, shall be sent through the mails. 

In the 3d count the government relies upon the charge which 
sets forth the offence of depositing mail matter of a scheme similar to 
a lottery. 

Of course you understand that an indictment is a matter address- 
ed to the Court, and the Court rules upon any questions of law aris- 
ing therein; it is not submitted to you, and there is no question sub- 
mitted to you in the ist and 2d counts. 

There was no evidence to show this was such a scheme strictly 
speaking, but the question for you to decide, is whether the defend- 
ant is guilty under the 3d count of sending mail matter with reference 
to such a scheme for defrauding the public ; a scheme which involv- 
ed lot or chance, and I say to you upon this question that the govern- 
ment must go farther than to show that this was a general scheme to 
defraud, must go farther and show that there was at the bottom, or 
at the foundation, evidence under this indictment that it was a scheme 
calculated to cheat the people; I think under this indictment, you 
must be satisfied that here was a scheme which involved the distribu- 
tion of prizes to be ascertained through lot or chance, and under that 
count, there is evidence for you to consider, and it is for you to say, 
in view of all the evidence whether the respondent is guilty of carry- 
ing on a scheme here for the distribution of prizes dependent upon 
lot or chance, whether he used the mails for the purpose of getting 
his scheme before the people. There is no controversy about the 
fact that these papers, these circulars before you, were used by him 
in connection with his business, and that they were sent through the 
mails. 

Now, gentlemen, you will read these papers, look over them 
carefully. Of course you will understand that in a criminal matter, 
where the intent is material and the substance immaterial, that the 
defendant cannot arbitrarily shield himself from the results which 
would follow from an unlawful transaction by printing it in a way 

(420 words. ") 



70 BEALE'S BOOK OF LEGAL DICTATION. 



which might or might not on the face of the paper seem simply a 
matter of contract — I do not know whether I make myself clear. 
You are to look at these papers, not in the sense of a contract, but 
with a view of ascertaining whether the man who originated them 
sent them through the mails as a scheme by which through the use 
of the mails he was to obtain money from the people and determine 
by lot or chance who, if anybody, should get something in return. 

Now it has been said on the one side, that there are many char- 
acteristics in these papers which indicate a scheme for defrauding the 
public, but if read carefully, it will be ascertained on the other hand, 
nothing but a business scheme which is well understood by the party 
who purchased the certificate or ticket, whichever it is called, — I do 
not think it makes much difference, — and that there is no lot or chance 
involved at all; it is a matter which depends upon a will as to which 
will draw the prize and which not, being an arbitrary thing which 
the person understood. 

If as a matter of fact you find that this was a scheme which the 
defendant understood to involve no matter of chance or lot, which he 
intended to control by his own will, arbitrarily without any lot or 
chance, and the public thought he was to do so, understood it, then 
I do not think him guilty. 

But, if on the other hand, you find in looking over these papers 
[and consider not only the papers and circulars, certificates or tick- 
ets, consider not only that, but the evidence as to his conversations 
with reference to this matter,] after looking over these papers and 
considering the evidence and arguments of both sides, you find that 
in fact this was a scheme involving lot or chance, and a scheme for 
defrauding the public, it is your duty to convict. It is a question for 
you to determine for yourselves ; not a question that I have anything 
to do with. It is your peculiar province to decide. You have heard 
the views of counsel with reference to it, and I have endeavored to 
state what the question is; whether the respondent is guilty of origin- 
ating a scheme for defrauding the public, a scheme which 
involved lot or chance, in the distribution of prizes, and whe- 
ther he used the mails for the purpose of carrying on the scheme; if 
so, he is guilty. On the other hand, if it was not a scheme which 
involved lot or chance, it is your duty to acquit, and upon this 
question it devolves upon the government to show that this first 
view is correct. 

(461 words.) 



HKALK'S l^OOROK LEGAL DICTATION. 71 



[Request by U. S. Atty.] 

I am requested to say by way of explanation of an expression I 
have made — that the scheme must be one involving lot or chance — 
and call your attention to the fact, that the statute provides that no 
letter, postal-card or circular concerning any scheme for defraud- 
ing the public, so-called gift concert or similar enterprise offering 
prizes dependent upon lot or chance — this is what I mean, that a scheme 
must be one for defrauding the public ; it must be one offering prizes 
dependent upon lot or chance. If you find under all the circumstances, 
in view of the circulars, in view of the certificates of shares, or called 
by the other side, tickets, — it makes little difference what it is called, 
it cannot change the nature of the thing, — it was a scheme for defraud- 
ing the public, dependent upon lot or chance, it is your duty to con- 
vict. 

If merely a fraudulent scheme of some other character, where 
the defendant was to control it by his own will, it would not be with- 
in this section of the statute. 

You will remember the testimony and suggestions of counsel, and 
determine what ought to be done. 

(192 words.) 



72 BEALE'S BOOK OF LEGAL DICTATION. 



OPENING ARGUMENT OF J. H. MANN, ESQ., FOR THE 

REMONSTRANTS. 

Mr. Chairman and Gentlemen: 

The town of Summerby is situated on the main line and also on 
the North Shore Branch of the Provincial Railroad, twenty-five or 
twenty-six miles from Boston, and extends from Hingham on the west, 
to Norton on the east, and from Peru to Worcester, and to the har- 
bor. 

Summerby is a small town, containing about 8,600 acres. It is 
about two-thirds the average size of towns in the state. The average 
size is some 13,000 acres, and of the 326 towns in the state, 246 are 
are larger than Summerby, 3 are about the same size, and 73 smaller. 

It would be a misapprehension of the facts, to believe that Sum- 
merby consists substantially of two villages. That is not the fact. 
It is a town with a number of villages. The largest village of Sum- 
merby extends from the North Shore Railroad crossing, and consists 
of about five hundred acres of territory, and has a population of some 
6,500. On the left, towards Norton, is the village of Lake Side, 
a small village, including the adjoining settlement at Swift's Corner, 
having a population of some six or seven hundred. It is situated two 
or three miles from the principal village in the town, and it has, as at 
West Summerby, what are claimed to be all the appliances of a village 
or of a separate municipality. They have the schoolhouses, engine- 
house, church, etc. 

Then passing on towards the so-called division line you have the 
village of Lanesville, where there is also a school, an engine-house, 
etc., and a population of some four or five hundred people. Follow- 
ing that, down towards the Cove, there is a village at the Cove of 
1,000 to 1,200 inhabitants ;• a village where there are more school 
children than at West Summerby. 

So that, leaving the largest village out of account, you have in 
other parts of the town, in the outlying districts a population which 

(322 words.) 



HEALK'S liOUK Ul^' LECJAl. DICTA I'lOxX. 73 



by the figures which have been given away this year by the petition- 
ers, is more than twice as large as the population at West Summerby 
village. 

I find that there is nothing upon which there is a greater misap- 
prehension than as to the residence of the farming population of 
Summerby. 

The inhabitants of West Summerby are in favor gf division. The 
farmers of Summerby are unanimously opposed to division. 

The real farming land in Summerby, being at the southwestern 
part, at Lake Side, extends up nearly through to the left of the vil- 
lage of North Summerby, and then cross to Lanesville, and from there, 
following the road again, down to the Cove, The fact that one hun- 
dred and twenty-five men own farms, and about two hundred and 
sixty men are engaged in farming in Summerby, and the number of 
farms in that part of the town, were given by Mr. Brown in his testi- 
mony of last year, which will be submitted to you. There are only 
one or two men, at most, who have, at W^est Summerby village or 
within the limits of the proposed territory, anything that can fairly be 
called a farm. There is only one farm of even twenty acres. 

Summerby is situated upon the sea, and the coast line from Dor- 
chester to the bridge is some five miles in extent. The most valuable 
part of the seashore property is the land beyond Wood's Point. The 
petitioners' witnesses, have heretofore testified, that the tide ceased to 
be objectionable at that point. East of that point, the shore land is 
of much more value than it is towards Summerby. The price of 
of land has always been greater. 

Taking the division line as it stands represented upon the map, 
you see how small a proportion of this most valuable shore land, would 
be left in Summerby in case of division, 

I may say that the land of West Summerby is the only land that 
of late years, has been largely increased in value, and has been in- 
creasing in value, as we believe, substantially down to the present 
time. The tide leaves the lands on the Summerby side, although 
they are occupied by small residences to some extent. The land by 
Summerby bridge is occupied for business purposes. The region 

(379 words.) 



74 BEALE'S BOOK OF LEGAL DICTATION. 

beyond, consists of a river which runs down to a channel, and the 
land there is not a seashore property in any sense of the word. 

The distance from the Town Hall in Summerby to Smith's Cor- 
ner, which is the centre of population of West Summerby is 3.9 miles, 
as ascertained by actual measurement, and testified to last year. 
The distance from tlie Town Hall in Summerby to Thissel's bridge, 
which is the bridge over the brook that is chosen as the division line, 
is 1.7 miles. The distance from the Town Hall in Summerby, to 
Bald Hill, which is in Lanesville, is three miles. 

There is, as I said, quite a village there, and there are no means 
of communication ; that is, there is no railroad, no horse cars, from 
that point to Summerby, so that the means of communication between 
that part of Summerby and the town, are so much more difficult than 
they are from West Summerby, where there are two stations, one lo- 
cated at Smith's Ferry, so called, and one at West Summerby village. 
There is also communication as far as Summerby Cove, close to the 
proposed line, by horse cars. 

The population, the native population, of West Summerby, or 
the total population of West Summerby, is stated this year, as about 
one thousand. Our figures make the population less than one thou- 
sand. We think that the facts show that there were last year only a 
few more than eight hundred people at West Summerby, and over 
eight thousand people in other parts of the town, and the petitioners' 
claim is that they are entitled to take, what has heretofore been one- 
half of the valuation, real and personal, of the town of Summerby, 
and is a little less than that, this year. 

This map that we present, is in different colors, for the purpose 
of showing how much in extent is owned by the different people who 
live in the territory of the proposed new town. It is essential to our 
case that the committee should understand what the ownership of the . 
land at West Summerby is; and we accordingly, have had the map 
prepared with these colors, for the purpose of showing first, how 
much is owned by the petitioners and by the native residents, who 
are said to be the real petitioners in this case. 

The blue represents the portion of territory owned by the native 
residents of West Summerby, people who live there all the year round 
and are citizens. The dark red represents the property owned by 
the summer residents, people who reside in Summerby, but who 1 eally 

(442 V prds.) 



nKAl.L'S HOOK OF IJ-XiAL DICTATIOX. 75 



reside there only during the smnmer. The pent colored light red re- 
presents non-residents; that is, people who have summer residences 
in Suinmerby, but do not pay their personal taxes there, and are 
not voters there. This map was prepared two or three years ago, 
and represented the state of affairs at that time. Since that time, by 
the change of legal residence of some of the shore people, who now 
pay their personal taxes elsewhere, the amount of territory that should 
be of a light red color, should be considerably increased. The part 
that is colored green, represents the amount owned in the proposed 
new town by residents of Summerby ; that is, the other part of Sum- 
merby, what would be left in the old town in case of division. 

The permanent residents own only five hundred and seventy- 
five acres out of a total of three thousand, or less than one-fifth in ex- 
tent of the whole territory of West Summerby. There are seven hun- 
dred and seventeen acres owned by Summerby residents, or more 
than are owned by the native residents at West Summerby. 

Of the houses at West Summerby, of two hundred and fifty-six 
houses, one hundred and three belong to non-residents, and other 
to summer residents. 

So far as valuation is concerned, and perhaps it is as striking a 
fact as there is in this case, the valuation according to the figures of 
the present year, show^s that the entire taxable property of the per- 
manent residents at West Summerby, real and personal, is only about 
$365,000. These men who claim to be the real petitioners, own $365,- 
000 of property, real and personal, and the balance of $5,414,900 is 
owned by persons who reside in Boston and elsewhere, and have no 
local interest in West Summerby at all. 

So- far as the land between the division line and the black line 
that is drawn on the map is concerned, the land which has been de- 
scribed by Gov. Brown as the Gore, there are perhaps tw^o hundred 
acres of the most valuable land there that are owned entirely by 
wealthy Boston men. There are but very few resident property own- 
ers in the Gore at all, and of those, there is not one, so far as I 
know, although I have not examined the petition carefully this year, 
who are petitioners. Every year they have remonstrants from that 
part of the town. 

The committee will see that this property is nearer to Summer- 
by, than it is to the village of West Summerby, so that school chil- 

(418 words.) 



76 HEALE'S BOOK OF LEGAL DICTATION. 

dren, for instance, will have to go two miles to the schoolhouse at 
West Summerby, instead of going three-quarters of a mile to the 
schoolhouse at the Cove. If you should draw a line, coming out of 
Mr. VVatkin's place, up and down the map, a north and south line 
would as you see by the coloring on the map,- place the whole vil- 
lage of West Summerby and about nine-tenths of the petitioners on 
the eastern side of that line. 

It is not my purpose to present any arguments in this case, but 
to state the facts, and our claim is: This matter of division of Sum- 
merby is a Boston scheme ; that it was got up by Boston men ; that it 
was backed by Boston money for the benefit of Boston capitalists; 
and must ask you to permit me to go over the facts in relation to the 
origin of this petition, although it involves repetition which, to a 
large extent, is unavoidable in this case. 

The village of West Summerby, I may say, had not, up to 1885, 
increased in population. You will find in the testimony of Mr. A. B. 
Curtis, testimony in regard to that fact. The population was no 
larger in 1885, than it had been for twenty-five or thirty years pre- 
viously. There was no special business there. The only shoe fac- 
tory that is there now, had not been located at that time, so that 
there was no demand from the growth of the village, or from any 
business interest there, for a separation from the town. 

There had never been any feeling or want of harmony between 
the two sections of Summerby, — that is not claimed by the petition- 
ers. I believe it to be a fact, that if two months before the month of 
September, 1885, the question of the division of Summerby had been 
submitted to a vote of the people of West Summerby, the majority 
against division would have been large. 

Something occurred in that year 1885, ^^^^ particularly in the 
fall of the year, to change the sentiment of West Summerby people, 
in regard to division, and we desire to show you what it is. In April, 
1885, the street railroad company petitioned to the selectmen for 
leave to lay tracks to Summerby Cove. The track was not going to 
West Summerby at all, but to the Cove ; and it actually, as located, 
stopped a little on the Summerby side of Jackson's bridge, which they 
had chosen for their division line. At once there was an objection 
on the part of the people of West Summerby. 

Mr. Thornton, a summer resident, on the 15th of April, wrote a 

(446 words.) 



BEALE'S BOOK OE EEGAE DICTATION. 77 



letter to a Summerby newspaper, in opposition to the location of the 
horse railroad track, and said that the proposition was then to go to 
the Cove, but that it was the ^'entering wedge to go to West Sum- 
merby, "that it was a'^menace to West Summerby, "and suggested that 
a division of the town at a point somewhere near Chase's Corner, 
substantially where the petitioners now place it, would be the best 
solution of the difficulty. 

I undertake to say, gentlemen, this was the first suggestion of 
any serious purpose, or of any purpose, for a division of Summerby. 

The division agitation did not begin in the early part of the last 
century. It did not begin in 1869. It began in April, 1885, when 
Mr. Thornton, a summer resident, wrote that letter. 

Who was Mr. Thornton ? Mr. Thornton was a Boston man, who 
resided in Beverly in the summer. He was at that time trustee of an 
estate of a little less than a million of dollars, which for tw^elve years, 
or about twelve years (I am not giving the exact time), had no taxa- 
tion anywhere. 

Mr. Thornton followed his first communication with another let- 
ter, published soon after, advocating the division of the town, with a 
line drawn about where it is now petitioned for. Soon after, he tells 
us, that in that same month ofAprilhewas returning from town- 
meeting with two or three persons who had been up from West Sum- 
merby to town-meeting, and the conversation, he says, turned upon the 
difficulty of attending town-meetings from West Summerby, and it was 
suggested then to those men that the division of the town-meet- 
ings in Summerby, was expedient. 

Then the workbegan to take on some more active form. I don't 
know that it did through the summer, but later in the same year, a 
meeting was called at the residence of Mr. W. S. Smith, a summer re- 
sident at West Summerby, who has had a residence at West Summer- 
by ever since, but who now is a citizen of the town of Bourne, having 
changed his legal residence. There were present at that meeting 
some of the native residents of West Summerby and other men, Bos- 
ton men, Boston capitalists, residing in Summerby. 

At this meeting in Mr. Smith's parlor, some figures were present- 
ed by Mr. Thornton, which, according to the petitioner's evidence, 
were not quite satisfactory to the gentlemen who were present. The 
meeting was adjourned to another date, when they met again at Mr. 

(409 words.) 



78 IJEALE'S BOOK OF LEGAL DICTATIOX. 

Smith's house. The figures, I presume, were more satisfactory at 
that time, and then it was decided to call a meeting of the citizens of 
West Summerby upon this question of division. 

That meeting took place Oct. 8, 1885. I want you gentlemen 
to see who were there, who managed and controlled it, and what pro- 
positions there were made at this time. It bears pretty c irectly on 
the assertion that is made by Brother \\'ilson, that this is a movement 
of the native residents of West Summerby, who come hereto petition 
because they want to be in a separate community. 

Well, they did choose Mr. S. P. Jones, a native resident of West 
Summerby, as president of the meeting, but Mr. Franklin Davis, a 
summer resident, was the secretary of the meeting, and he explained 
the map to the meeting, and he spoke in favor of division. But the 
principal man who was there, so far as division is concerned, was Mr. 
Thornton, who had first suggested it ; and when they called for in- 
formation at that meeting, Mr. Thornton was the man who had tlie 
information ready, and he made a report there, and that report con- 
tains the germ of everything that has ever been put into the division 
case from that day to this, excepting the tirade against the town on 
account of taxation, that has been made since 1886. 

It is quite interesting to look over Mr. Thornton's report, and I 
desire, before we get through, to ofi'er it in evidence. He suggests 
one inconvenience and another, and among other things, he tells the 
native residents of West Summerby that ^'the distance of this part of 
the town from the High School, is also a deprivation and injury," 
and argues the question of children going to school upon the trains. 
This man, who never had taken the slightest interests in the schools 
of West Summerby, and cared no more for them than he did for the 
schools of Canada, for a purpose of his own, was inciting the citizens 
of West Summerby to believe that they were ill used because their 
children had to go three or four miles by train, to the Summerby 
High School. 

(368 words.) 



BEALE'S BOOK OF LEGAL DICTATION. 79 



CLOSING ARGUMENT OF EX-GOV. BROWN. 

In 1886, Mr. F. L. Morton said to Mr. Hills, ^^A lot of us pro- 
pose to pay our taxes there, if we can have the town set off from the 
old town of Summerby." 

Mr. F. H. Carter said in 1886, ''William Powell Mason is in 
Walpole, N. H., and he is not coming back to West Summerby." 
But he is there now and pays his personal tax there. 

This is no place for epithets, and if it were I should be the last 
man in the world to use them. I shall call nobody a ''tax dodger," 
or anything of that kind, not even a "bird of passage," but I say that 
that little community down there that asks for municipal organization 
would, if incorporated, be a home for the weary, it would be a snug 
harbor, it would be a haven of rest. 

If anybody runs out, many will run in, and some time or other, 
I have no doubt, the wanderers will return. As they land upon the 
familiar shore, I trust that from Mr. Meredith's opera house will go 
out the welcome strains, "Home again, home again, from a foreign 
shore." 

What is best for Massachusetts? What is the true policy as to 
the division of towns? Let us see. What is the best for Massachu- 
setts ? 

In 1849, on a petition for the division of Newton, the committee 
said, 

"We are not in favor of altering the boundaries of towns for 
trifling causes. We have no desire to remove ancient landmarks un- 
less some adequate reason is presented, and in all cases the burden 
of proof is on the petitioners." 

And the Legislature of 1849, to which that report was presented, 
contained as members men afterwards well known and honored, — 

(299 words.) 



So BEALE'S BOOK OF LEGAL DICTATION. 

Henry L. Dawes, George S. Boutwell, Alexander H. Bullock, William 
Claflin, N. P. Banks, Benjamin R. Curtis, John Wells, Otis P. Lord, 
Charles Devens, Jr., J. Lothrop Motlej', Whiting Grisvvold, Ensign H. 
Kellogg, John C. Gray, and many others. They gave character to 
that Legislature. 

Now, it is claimed here that there is another rule that controls 
now, and which has been cited by Mr. Wilson, as the ''Spofford Rule," 
simply because Mr. R. S. Spofford, a member of the House in i8s9, 
made a report upon a division case, and put something into his re- 
port which has been dignified by calling it the Spofford Rule. This 
is it: — 

*Tt is the public policy of the State, in the opinion of the com- 
mittee, to create new towns, whenever and wherever a necessity re- 
quiring such a legislative action is seen to exist. And the considera- 
tion of that necessity may, or may not be limited to local circumstances 
and may or may not extend so far, as to include the public interests 
of the State. So that, as respects the creation of new towns, the rule 
of practice as well as of right has come to be, that, whenever the ele- 
ments of a town are shown to exist, that is to say, sufKicient area, 
population, wealth, and capability to manage municipal affairs, and 
further shown that it is the unquestionable wish of the people living 
upon the territory to be incorporated as such, that then, if no injury 
shall accrue to any other town of interest, the Legislature, under such 
circumstances, will, in the exercise of its power in this regard, be 
guided by the will of the people, and grant their request." 

I will not take time to read it in full, but that has been called 
*'The Spofford Rule." This was promulgated in 1859, when the town 
of Bernardstown sought incorporation against the remonstrance of 
Watertown, West Cambridge, and Waltham. The bill passed, and in 
the House, the vote was, for its passage 1 19, and a vote against it of 
105. 

Anybody who has ever read the Supreme Court reports, will 
readily turn back to the case of Frost vs. Bernardstown, and will learn 
what the Supreme Judicial Court of Massachusetts thought of the pro- 
ceedings connected with the incorporation of that town. It will be 
found to be good healthful reading for a man who is despondent of 
the conditions of American life and American legislation. 

The Spofford rule was advanced by a majority of the committee, 

(421 words.") 



m^ALK'S 1^()()R()1< LI-:(iAl, DICTA llUX. 8i 



and of tluU committee (this was in 1859) I find- that Mr. Nichols, of 
Roxbury, was a member. Mr. Spoftbrd has gone to his final reward, 
and cannot tell us now of his subsequent impressions or experiences ; 
but Mr. Nichols is living. He is Mr. Robert C. Nichols, of Boston, 
perhaps better known to some people, as Bob Nichols, possibly bet- 
ter known to other people, as the King of the Lobby. He is still with 
us, and in the flesh, and, although he, perhaps, has not announced 
himself on this question, I think it might be assumed, that Mr. Nichols 
is in favor of division without doubt, and that he adheres to the Spof- 
ford rule. 

So I will call this, hereafter, the Spoft*ord and Nichols Rule. 

Look at the other side of the question. The minority of that 
Committee said : 

''The undersigned saw no elements of a new town, either me- 
chanical, manufacturing, or mercantile, but only a suburban retreat 
for men of wealth. 

"We were satisfied that incorporation would aid the petitioners 
to escape their just share of the expense of support of poor and of edu- 
cation and to form a small town exclusively of men of wealth, and to 
w^hich others of like character, would resort to escape equal taxation 
elsewhere. 

"We believe that any additional wealth the petitioners might ac- 
quire by incorporation would be, by reducing the value of the pro- 
perty of others to a greater extent, and by a violation of the principle 
of equality in rights, burdens, and advantages." 

"Repeated appeals from the judgment of past Legislatures, ought 
not to induce unjust judgment because of importunity." 

I find in the negative of that vote, on the incorporation of Ber- 
nardstown, the names of two gentlemen, then representing the city of 
Boston in part in the House, recorded as against that proposition, to 
incorporate Bernardstown, and recorded as sustaining the paragraphs 
that I have read from the minority report. Those two members of 
the House from Boston, were Edwin Singer * and Levi Thornton. 

I call that rule that I have last read, the Singer and Thornton 
Rule, and I put it against the Spofi*ord and Nichols Rule, and I think 
that the Singer and Thornton rule ought to stand in this case, and that 
those doctrines that w^ere declared there, should go to the perpetuity 

* Chairman of West Summerbj Committee, 1887. 

(388 words, > 



82 BEALE'S BOOK OF LEGAL DICTATION. 

and substantiality of our institutions, and that those two gentlemen, 
in 1859, when not confronted with the private interests which they 
have in this case, the principles involved being the same, declared 
themselves in speech and by vote, as adopting that report against the 
incorporation of a town that should take away from Boston, or from 
any other community, the property that ought to be taxed, leaving 
the burden upon those who ought not to be compelled to bear it. 

I ask those same two gentlemen to read that report today, and 
reconcile the movement of today, with their action in 1859. 

It is not the policy of Massachusetts, to increase inequality. 

It is not her policy to establish club towns, and to set up class 
distinctions and grinding inequalities. 

It is not the policy of Massachusetts to violate the fundamental 
principles, upon which the government of this State has been found- 
ed and maintained until now. 

To take the course that is recommended is to import here upon 
us the frightful dangers that assail the integrity of governments in 
the Old World. As our fathers said in our Declaration of Rights: — 

"Government is instituted for the common good ; for the pro- 
tection, safety, prosperity, and happiness of the people ; and not for 
the profit, honor, or private interest of any one man, family, or class 
of men." 

Any policy that takes from one tow^n or city, and transfers to 
another taxable property tends toward grievous injustice. 

Legislation that facilitates the removal of personal property 
from one town to another, and its concealment in whole or in part, 
so that it escapes its just share of public burden, is radically wrong. 
There are too many instances now confronting us. 

Owners of personal property taxed in Boston at $8,225,000, re- 
moved to eight tow^ns, and the personal property in all those eight 
towns, increased only $2,435,239, making a loss to Boston, and to 
the State of the just tax, on $5,789,761. 

The State commission on taxation (Thomas Hills, Julius H. 
Seelye, and James M. Barker) reported that ''more than nine millions 
found lodgment in only eight towns, where, upon the 'club principle,' 
the owners were able to combine the advantages of rural assessment 
with city privileges. In some of these eight towns, notwithstanding 
the provisions of law which the assessors were sw^orn to obey, more 

(392 words.) 



BEALE'S HOOKOE LEGAE DICTA I ION. 8j 

than a difference in the rate of taxation was accorded to the citizens 
who had so much property that they could not afford to pay their 
taxes." 

I say that the practice is vicious, inequitable, and impoh'tic. It 
threatens danger to the institutions of this State. It arouses animos- 
ty; and we all know well enough, that there is no need of doing that 
gratuitously; it violates the safeguards of freedom and equality, be- 
fore the law, — and no State can safely sanction that. 

You remember that Lord Macaulay said, in 1857, ^^^ ^ letter in 
which he was discussing the principles and policy of Thomas Jeffer- 
son, that the time was coming, in his judgment, when America 
would be rent in twain, notwithstanding her constitutional 
form of government. He put out dismal forebodings of what would 
come when one class of men were arrayed against another, and he 
looked for it in a not distant future. But he did not understand 
American institutions. He did not discover that in the constitution 
of society, our people are not fixed in classes naturally; that they 
go from one to another ; that a man can here rise, from the lowest 
ranks to the highest; that a man when he is born, and when in his 
cradle, might be poor, and of obscure lineage, but before he dies, he 
may be crowned with the highest honors of the nation. Lord Ma- 
caulay did not recognize our universal system of education, which 
benefits the poor as well as the rich. He did not discover at that 
time that the whole current of American sentiment was against the 
establishment of distinction, and the dividing of people into classes 
in this country. 

That was more than thirty years ago ; and although those evils 
that he referred to, will never come, you must guard well against 
any legislation which carves out of our territory, a town or class, and 
leaves over the other side of the line, another town in which another 
town lives, one to look across to the other, and to produce feelings 
of animosity and ill-will that would lead to the breaking, possibly, of 
the integrity of the Government. The danger that that Englishman 
foresaw, will not come in the way that he anticipated, and will not 
come in the other way, because the Legislature will not do a danger- 
ous thing. 

This IS not any prejudice against rich men that I am inculcating. 
May their number increase ! May everybody in time grow rich ! 

(416 words.) 



84 BEALE'S BOOK OE LEOAE DICTA TIOX. 



But we want men as well as money. We want to retain manhood as 
well as dollars. 

"Ill fares the land to hastening ills a prey, 
Where wealth accumulates and men decay." 

Let us not dismember our towns, and create resorts for selfish 
people, who, in their wealth, think that they owe no duty to anybody 
but themselves. 

I should say to you that you should not, as a general rule, in- 
corporate any town as against the remonstrance of the parent town ; 
that you should submit the question to the parent town ; that that is 
local self-government in its best estate, and that that has been the 
general practice of the State of Massachusetts from the beginning. 

So was Summerby incorporated with the consent of Fitchburg. 
Fitchburg was older than the General Court, and Summerby was set 
off by vote of Fitchburg. 

When Trout River, now Summerby, first applied to the General 
Court to be made a separate town, in 1657, the General Court told 
the petitioners to ask Fitchburg. The following is the answer: — 

*Tn answ^er to the petition of inhabitants of that part of Fitch- 
burg on the north side of the ferry going to Peru, humbly desiring 
to be a township of themselves, etc., the Court do judge that the pe- 
titioners should make their address to the town of Fitchburg in re- 
ference to their requests, and they agreeing to mutual satisfaction, 
this Court will be ready to answer their just desires in their petition 
and orders the town of Fitchburg to give the petitioners a speedy 
meeting to effect the same." 

Nine years later, Trout River again made application to the Gen- 
eral Court, and was again sent back to Fitchburg, and in 1668 Sum- 
merby was set off by vote of Fitchburg. In the Massachusetts re- 
cords of 1668, indexed as, ^'Fitchburg's concession to Trout River" 
(now Summerby), is the following answer from the town of Fitch- 
burg:— 

"The answer of the town of Fitchburg to the Court's former or- 
der is that we do not see cause to consent further. We say, that if 
our brethren and neighbors of Trout River side, desire to be a town- 
ship by themselves and are content with the lands already set out 
to them, w„e consent to that." 

(373 words. ^. 



BEALE'S HOOlv OF LEGAL DICTA llON. 85 

The act of incorporation reads : 

**The Court, on perusal of this return, judge it mete to grant 
that Trout River be henceforth a township of themselves, referring it 
to Fitchburg to accommodate them with lands and bounds suitable 
for them, and that they be called Summerby." 

You have heard the testimony of Mr. Grant, and have seen the 
lists he presented. You can see for yourselves what are the facts ia 
the different counties, as there presented. 

In Barnstable County there has been only one town divided, for 
eighty years, when Bourne was set off from Sandwich, and the repre- 
sentative from the district voted for the division. 

In Berkshire County, no town has been incorporated for eighty 
years, except by the desire of the town divided. 

In Bristol County, no town has been incorporated for sixty years, 
except by vote of the town divided. 

In Franklin County, for sixty years every attempt has failed. 

In Essex County, during a third of a century, there have been 
constant attempts to incorporate new towns, but not one has succeed- 
ed, except by the vote of the town divided. 

In Hampshire County, for sixty years every attempt has failed. 

In Hampden County, every attempt has failed for a third of a 
century, except by the vote of the town divided. 

In Middlesex County, there are twenty-eight towns which have 
been set off by the vote of the town divided. . 

In Norfolk County there are thirteen, including Avon, which is 
the last town incorporated in Massachusetts, with only one dissenting 
vote in the parent town of Stoughton. 

In Plymouth County, eleven towns have been set off by vote of 
the town divided. 

In Worcester County, twenty-six towns have been set off by the 
vote of the parent town, while for fifty years no town has been incor- 
porated, except by vote of the town divided, excepting Hopedale, 
which was a Republican, no-license district, in a large license town. 

Such has been the history of 140 towns in the Commonwealth. 
It has been the history in all the Counties of this Commonwealth. 
And so it has been everywhere. I will stop a moment to speak of 
Millis, as my friend seems to object to Millis's being included in 
among the cases where the parent town did not oppose. But the 

(373 vvords.^ 



86 BEALE'S BOOK OE LEGAL DICTATION. 

town historian sa3^s that there was ''no serious opposition from any 
quarter" to its incorporation. My learned friend, who carried through 
triumphantly the bill, of course saw a great many difficulties in ad- 
vance, and as he looks back to that, he regards it as a great victory, 
and we all congratulate him upon his success; but there were not 
really, a great many opponents of that petition, and it went through 
7iem. con. 

Gentlemen, I thank the committee for their great patience and 
their very careful attention. If I have urged the side of Summerby 
with the force and strength that is in me, it is my duty. If I have 
been emphatic about it, it is because I believe in her case, and be- 
cause it is in accord with my experience and training. 

If I tell you that the Town of Summerby has an interest in this 
matter, it is because she speaks in one voice with all Sussex County, 
who never would see a thousand of her people down-trodden by any- 
body's mismanagement and tyranny. Sussex County is a unit against 
this proposition. And how shall men of Bristol and Berkshire, and 
Hampden and Franklin know better what is just and right, and what 
is fair, than the people who are all around Summerby, and have no 
personal interest in the matter. 

And if I tell you that the whole state of Massachusetts cares for 
this really above many other things that seem to be of greater con- 
sequence, I only speak what is the spirit, as I believe it, of those who 
actuated the movement for the foundation of this Government, and 
of those who, in every-day life, in quiet homes, in the shop, or on 
the farm, in industry or leisure, in this Commonwealth, are today 
deeply interested that no wrong may be done. \_Applatcse.~\ 

(297 words.) 

The End. 



Appendix. 



LIST OF COMMON LEGAL WORDS AND PHRASES. 

Compiled by Cora E. Burbatik, 

A. 

A cancellis A consillis A contrario sensu A fortiori A lat- 
ere A me A mensa et thoro A morte testatoris A posteriori 
A quo A retro A vinculo matrimonii A aver et tener A fine 
force A large A tort Ab actis Ab agendo Ab ante Ab an- 
tiquo Ab extra Ab inconvenient! Ab inde are Abater Ab- 
brochment Abduction Abearance Abere-murder Abet Abey- 
ance Abigeat Abjuration of the realm Abnormal Abroachment 
Absolute warrandice Absque hoc Absque tali causa Abuttals 
Ac etiam billae supra protest Accessory Accomplice Ac- 
compt Accretion Accroach Acquittance Acquest Acre fight 
Act of bankruptcy Act of supremacy Action Penal action Pe- 
titory action Possessory action Rescissory action Transitory ac- 
tion Acts of Sederuni Ad captum vulgi Ad communem legem 
Ad diem Ad exitim Ad fidem Ad firmam Ad hominem Ad 
idem Ad infinitum Ad inquirendum Ad interim Ad jura regis 
Ad largum Ad litem Ad quem ,Ad quo damnum Ad rem Ad 
respondendum Ad sectam Ad valorem Ademption Adeprimes 
Adesouth Adherence Adjective law Adjudication in implement 
Adjunctum Admeasurement of Dower Admeasurement of Pasture 
Adminicle Adminicular Adminiculum Administrare Adminis- 
tration Ancillary administration Adscripti glebae Ad sectam 
Advenir Adventure Advisement Advocate Advocatio Advo- 
cation Advowee Advowson Advovvson appendant Advowson 
in gross Advowson prcsentattve A} le ^Etate probanda Afi'aire 
Affer Affiant Affidare Affidavit of merits Affiliation Affirmant 
Affirmance Affirmation Aff"orcing the assize Agait Age-prayer 
Affray Affreightment Aftermath Agent and patient Aggrava- 
tion Agild Agiser Agistment Agister Agnates Agnation 
Agniser Agnomen Agrarian Aider by verdict Ainsi Aisne 
Ajant Adjourner Ajuger Alba firma Album breve Alias 
Alias dictus Alias writ Alibi Alien Alien amy Alien enemy 
Alienate Alienation Ailment Alimony Aliquid Allegare Al- 



88 BEALE'S BOOK OE LEGAL DICTATION. 



legation of faculties Alleging diminution Alien Allision Allo- 
cation Allodial Alloigner Allonge Allotment note Alnage 
Alodium Alors Alta via Altarage Alternatim Alternative 
x\ltum mare Amalphitan Code Ambactus Ambidexter Ambig- 
uity Amenable Amende honorable Amercement Ameser Am- 
icable action Amortisement Amour Ampliation Amy Ana- 
tocism Ancestor Ancestral action Anchorage Ancient domain 
Ancillary Anecius Anientisement Animus Animo et corpore 
Animus et factus Animus domini Annates Anni nubiles Annu- 
ity Annus et dies Annus utilis Annoyer Annoysance Ante 
omnia Antejuramentum Antenati Antichresis Anique temps 
Antiqua statuta Antiqua custuma Apertum factum Apex juris 
Apostata capiendo Apostles Apparator Apparent heir Appar- 
itio Appeal Appel Appellate Appendant Apprentice Ap- 
prester Apprest Apprimes Apprise Approbate and reprobate 
Appropriation Approver Appurtenant 'Appurtenances Apud 
acta Aquage Arbitrament and award Arbitrium est judicium 
Archiepiscopus Argumentum ab auctoritate Arminger Arpen 
Array Arrestare Arriage and carriage Articled clerk Articulus 
Asaver Asceverer Ascient Asoyne Assart Assartum Assayer 
Asses Assets per discent Assignee Assignment of dower As- 
signment of errors Assis Assize Assize of mort d'ancestor As- 
sisors Assoil Assumpsit Assurance Assythment Astitution 
Atrium Attach Attachment Attainder Attaint Atteindre At- 
tentare Attentat Atteminare Attile Attingere Attincta At- 
tinctus Attorn Aubesoin Audernier Au plus Au quel Au 
tiel forme Aucun Aucunement Auditor Auditus Augmentation 
Aujourd'huy Aula regia Auter action pendant Autrefois acquit 
Avaler Avanture Aver-peny Averment Avers Avoucher 
Avowtry Avowson Avoyry Avulsion Award 

B. . 

Bailee Bailiff Bailiwick Bailor Ban Barmote Barratry Barretry 
Barrister Base fee Base tenure Bastard-eigne Baston Battel 
Bedel Benefice Berg Bestes Bien Biennium Bilateral Bi- 
line Bilinguis Blodwite Boc-land Bois Bones gents Benefi- 



HEALE'S BOOK OF LEGAL DICTATJOX. S9 



cium clericale Bond tenants l^ono et nialo Bonus l^ooty ]k)r- 
dage Bordlands Borough-court Bote Bottomry J^racton 
Brehon Law Brugbote Brokerage Broker Burgage Burgbote 
Burgess Burking 

C. 

Cabal Cablish Caducary Cambist Campus Campi 
partitio Cancellaria Cancellarius Cancelli Canon Cantred 
Capax Cape magnum Capias ad respondendum • Capias ad sa- 
tisfaciendum Capias ad audiendum judicium Capias pro fine Ca- 
pita Capite Caption Car entant Carcare Carcata Career 
Carta Carte blanche Cartel ship Carvage Cassare Cassation 
Castigatory Casu proviso Casual ejector Casus fortuitus Casus 
major Casus omissus Causa causans Causa causata Causa mor- 
tis, adulterii, impotentiae Caveat emptor Cayagium Cecy Ceans 
Ceapgild Cel Cenegild Centena Churl Cepit et abduxit Cert 
money Certiorari Cessare Cessante causa, cessat efTectus Ces- 
set executio Cesser Cessio bonorum Cestuy que trust Cestuy 
que use Cestuy que vie Cet Ceux Chacea Champarty Chan- 
cellor Chancery Chanter Chantry Charta communis Chatel 
Chaud-medley Cheque Cheser Chaye Cheaunce Chef Che- 
vage Chevisance Chiltern Hundreds Chimiinage Chirchgemote 
Chirograph Chivalry Ci devant Ci bien Circuit court Clamare 
Clamor Clausum fregit Clearance Clergy Clericale privilegium 
Clerico admittendo Clericus Clerimonia Clerus Clough 
Cockct Codex Codicil Cognati Cognizance Cognizance of 
pleas Cognizor Cognizee Coif Collatio bonorum Collation to 
a benefice CoUoquim Combe Combustio domorum Comity of 
nations Comitatus Commendatio Commercium Commercia 
belli Commissary Commission of assize Commission of lunacy 
Commission of nisi prius Commission of rebellion Commititur 
Common appendant Common appurtenant Common because of 
vicinage Common sans nombre Common of estovers Common 
of piscary Common of turbary Common de Schack Common 
jury Common traverse Common vouchee Commonable Com- 
monality Commorant Communis Commune viculum Communia 
pasturae Communio bonorum Commutation of tithes Comparere 
Compos mentis Compotus Compound larceny Ccmpurgatores 



90 BEALE'S HOOK OF LEGAL DICTATION. 

Concedere Concedo Concessio Concession Condere Condidit 
Conditio Condition precedent Conditional limitation Condona- 
tio Conductio Confession and avoidance Confirmation Con- 
formity Congeable Conjunctim Conjunctim et divisini Conquer 
Consanguineus Consanguineity Consensual Consent rule Con- 
sentire videtur qui tacet Consistory Consolidation rule Consor- 
tium Conspiracy Constat Constitutio Constructive Construe 
Consuetudo Conte Conter Contamus Contentious Contingen- 
cy with a double aspect Contingent Continual claim Continuance 
Continuando Contra Contractus Contraplacitum Contrapositio 
Contrarotalator Conter Contribution Contributory Contumacy 
Conusant Conus Cognustre Conusor Conusee Convalescere 
Convenable Convenire Convenit Conventio Conversantes Con- 
version Convey Conveyance by record Coopertus Coparcenary 
Copia Copyhold Cornage Corodium Corona Coroner Cor- 
poral oath Corporation Corpus Corruptive Corruption of blood 
Corsepresent Corsned Corsinage Cota Cotarius Cotland 
Counterplea Counter-roll Countez Countor Countre County 
corporate Coupable Conrir Court of Augumentations Court of 
Wards and Liveries Court of the Lord High Steward Court of 
Criminal Appeal Courts of Bankruptcy Court for Divorce and 
Matrimonial Causes Court of Mars Lalsea Courts of Conscience 
or requests Court of Policies of Assurance Court of Common Pleas 
Court of Arches Court of Peculiars Court of Faculties Court of 
Delegates Courts of Admiralty Courts-martial Court of Session 
Court of Exchequer Court of claims Court of Appeals Court of 
Chancery or Equity Court of Record Court-land Court-rolls 
Coustum Coututlaugh Covenable Covenant Covert Cover- 
ture Covert baron Covin Crassus Crastino Craven Credi- 
tor's bill Crepusculum Cresser Cressant Cribler Crim.-Con. 
Criminal information Croft Cross-bill Cross examination Cross 
remainder Crossed cheque Grown Law Grown office Gui bono 
Culpa Gum Cumulative Gura Curate Cure of souls Cuige 
Curia Gurialitas Currere Cursitors Cursus (Curtesy of England 



HEALE'S BOOK i)V LEGAL DICTA IK )X. 91 



Curtilage Curtis Custagium Custodia Custom of Merchants 
Customary estate Customary freehold Custos Custus Cy Cy- 
pics . Cynebote Cyrographum. 

D. 
Damage-clere Damages Damnatus Damnum Danelage Dans 
Danein Data Dative Days in bank Days of grace De facto 
De futuro De gratia Dead freight Deafforest Dean and Chap- 
ter Dean of the Arches Debas Debent Debet Debentures 
Debita Debitum Debitor Debt of record Debt by specialty 
Debuit Decha Decanus Decania Deceder Decedere Dece- 
dent Deceit Decenna Decem Decet Decima Declaration of 
intention Declaration of trust Declinatory plea Declination 
Decree Decretal order Dedi Dedication Dedicere Dedictum 
Dedinuis Dedire Dedit Defalcatio Default Defeasance De- 
fectus Defendant Defendemus Defendendo Defensa Defensio 
Defensive allegation Defensor Definitive sentence Deforce De- 
forciant Degaster Degree of relationship Dehors Dei gratia 
Deins Delate Delegare Delegation Delictum Deliverance 
Delivery Demain Demandant Demens Dementia Demesne 
Demi-sangue Demise Demissio Demittere Demonstratio De- 
monstrative legacy Dempster Demur Demurrer Demy De- 
narius dei Denizen Deodand Deponent Deposition Deputy 
Deraign Derelict Dernier ressort Des Detainer Devise Dies 
Dies gratiae Dilatory Disability Disbar Disclaimer Discon- 
tinuance Discovery Disentailing deed Disgavel Dishonor Dis- 
junction Disparagement Disturbance Diversity Divest Divorce 
Docket Doctors' commons Domicil Donor Dormant partner 
Double bond Dower Dowry Drawer /drawee Z^ue-bill T^uplici- 

ty. 

E. 

Easement Ecclesiastical ban Ejectment Eleemosynary Embezzle- 
ment Encroach Endorser Endowment Engross Enlarge En- 
roll Entail Entry Equitable Equity Error Escape Escheat 
Estate Eviction Ex legis Ex officio Ex tempore Exaction 
Exchange Exchequer Execute Execution Executor Execu- 
trix Exemplary Exemplification Exemplum Exonerate Ex- 
pire Extent Extortion Extra Extradition Extrinsic. 



92 BEALE'S BOOK OF LEGAL DICTATION. 

F. 

Factor False pretence Falsify Fealty Fee simple Feign Feint 
Feudal Fiat Fides Fief Final Fine Finesse Finis Fixture 
Flotsam and-jetsam Forcible Foreclosure Forum Franchise 
Fraud Freight. 

G. 

Gage Gaol Garnishee Gavel Grange Grant Gratis Guar- 
antee Guardian. 

H. 

Habeas corpus Habit and repute Half-blood Heir Heir appar- 
ent Heir presumptive Heir by custom Heir general Heir special 
Heirloom Heritable and movable rights Heritable jurisdiction 
High treason Highway Homage Homestead Homicide Homo 
Honor Honorarium Honorary service Hors de temps Hue and 
cry Hundred Hustings. 

I. 

Idem Ignorare lUusary appointment Immemorial Immobilis 
Impanel Imparlance Imparsonee Impeachment of waste Im- 
perium Im.petere Implacitare Implied Importer Impositio 
Impossibilis Impound Imprimitur Imprimis Imprisonment 
Improbare Improbation Improper feud Impropriation Improve 
Impruiare Imputation of payments In alio loco In corpore In 
diem In dorso In extremis In facto In futuro In omnibus In 
perpetuum In principio In propria persona In toto In vita 
In action Inchoate Incipitus Incivile Inclosure Incorporalis 
Incorporeal Incrementum Incumbent Inde Indefeasible In- 
demnity Indenture Independent Indicavit Indicium Indicia 
Indictment Indorsement Inducement Induciae Induction In- 
fans Infant Infantia Infeft Infeodare Infeodation Infirmative 
Information Infortunim Infra aetatem Ingenuus Ingressus In- 
herent Inheritable blood Inheritance Inhibition Initiate curtesy 
Initium Injunction Injuria Inlagare Inland bill of exchange. 



HEALE'S BOOK OF LEGAL DICTATION. 93 

Innocent Innovation Inns of Chancery Inns of Court Innuendo 
Inofficiosum Inquest Insinuatio Inspection Instance court 
Instar Instituta Institutes Institutio Institution Insula Insul- 
tus Insuper Insurance Integer Intendment of law Intentio 
Inter alia Intercommoning Inderdict Interesse Interest Inter- 
iocutio Interlocutor Interlocutory Intern International law 
Interpleader Interpret Interrogatories Interruptio Intestate 
Intra Intromission Intrusion Invadiare Inveniendo Investiture 
Invito Ipse Irritancy Irritus Irrotulatio Irrotulamentum Is- 
sint Issuable Issue Ita Item Iter Itinera Itinerantes 

J. 

Ja Jacere Jacens Jactitation of marriage Jactura Jactus Jail 
Ject Jeo Jeofail Jetsom Joinder Joint action Joint bond 
Joint stock company Joint tenants Jointure Jour Journeys ac- 
counts Judex Judgment debt Judgment note Judgment paper 
Judgment record Judicature Acts Judicial admission Judicial 
sale Judicial separation Judicial writ Judicium Juramentum 
Jurare Jurat Jurata Jurator Juridicial Juris Jurisdictio Ju- 
ristic act Jury Jury process Jus Jusjurandum Justice Justic- 
es of assize Justices of the Bench Justices of the Forest Justices 
of the Peace Justiciar Justiciary Court Justicies Justifying bail 
Justitiarius Juxta 

K. 

Keelage Keeper of the Forest Keeper of the Great Seal Kiddle 
Kin King's Bench King's Council King's silver King's counsel 
Knight-service Knight's fee Knights of the shire 



Label Lacerta Laches Lagan Lage Lageman Laicus Laity 
Landboc Landcheap Land-gable Langemanni Lapse Larceny 
Laron Last heir Latens Lathe Latitare Latitant Latro La- 
trocinium Lawful Lawless Court Lay corporation Lay improp- 
riator Lay days Leading question Leal Lealte Lease and re- 
lease Leet Legacy Legal assets Legal estate Legal memory 



94 BEALE'S HOOK OF LEGAL DICTATION. 

Leges Legisperitus Legitum Lessor of the plaintiff Letter-mis- 
sive Letters of administration Letters of attorney Letters of mar- 
que and reprisal Letters patent Letters of credit Letters of ex- 
change Letters of request Letters testamentary Levitjcal degrees 
Levy Lex patriae Lex scripta Libel Liber Liberare Liberate 
Libertas Liberty Licet Licere Licitum Lie in franchise Liege 
Lien Lieu-conus Lieu-tenant Life-estate Ligan Ligeance 
Ligius Lignum Limitation Limitations of actions Limitation of 
estates Limited company Linea Lineal warranty Liquere Li- 
quidated Liquidation Lis Litera Litigious right Litoral Li- 
very of seisin Livery in law Livre Local action Locare Loca- 
tio Locatio-conductio Location Locative calls Locator Locus 
Loco Loi Loial Loisable Loier Loquela Lord Lords spi- 
ritual Lords temporal Lords Justices Lucrative succession 

M. 

Magis Magistrate Magna Charta Maiden assize Maiden rents 
Mayhem Mail Mainour Mainoverer Mainpernours Mainper- 
nable Mainprise Mainsworn Maintenance Maintenant Mais 
Maisne Major Malfeasance Malice Malicious prosecution Ma- 
lum Manbote Mandamus Mandant Mandare Mandatary 
Mandate Manerium Manifest Manor Manorial Court Manrent 
Manslaughter Manucapere Manucaptio Manus March March- 
ers Marcheta Mare Maritagium Market overt Marksman 
Marque and Reprisal Marriage articles Marriage brokage Mar- 
riage license Marriage settlement Marshalling of Assets Marshal- 
sea Martial law Masters in Chancery Materfamilias Matter in 
deed Matter of record Maunder Maximus Maxime Mayhem 
Mayor Medical jurisprudence Meremium Merger Mesaven- 
ture Mesne process Mesne processes Mesne profits Mesprisoji 
Messuage Mester Mestier Meta Metes and bound Metropol- 
itan Military Court Military feuds Military Military tenures 
Minimus Minime Minor Minus Misadventure Miscontinu- 
ance Misdemeanor Misfeasance Misjoinder Misnomer Mis- 
pleading Mixed action Molt Monition Moot Motion 
Morganatic Marriage Mors Mortgage Mortmain Mortuary 
Movable Multifarious Multiplicity of suits Multure Municipal 
corporation Municipal court Municipal law Murder Mutuum 



BEALK'S BOOK OF LEGAL DICTATION. 95 

N. • 

'Naturalization , Naulum Navigable Navigation Act Nee Nefas 
Negare Negatum Negative pregnant Negotiable Negotiate 
Nemo Nemy Nestre New assignment New trial Next friend 
Next of kin Nient Nihil Nisi Nocere Nocent Nocumentum 
Nolle Nolens volens Nolo contendere Nomen Nominal partner 
Nominatim Nomination Non Non est factum Nonability Non- 
age Nonclaim Nonfeasance Nonjoinder Nonjuror Nonsuit 
Nontenure Nonterm Nonuser Normal law Not guilty Not pos- 
sessed Not proven Note Notary Notice Nova Novation Nov- 
el Nudus Nuisance NuUus Nuncupative will Nuper Nuptial 

O. 

Ob Obit Obiter Oblata Oblations Obligation Obligor Ob- 
ligee Obstupare Obventio Occupant Occupantio Occupavit 
Octave Office copy Officium Old Bailey Oleron Olograph 
Onerous Onomastic Open law Operarius Operatio Oportet 
Option Opus Orator Ordeal Order Ordinary Original Bill 
Original writ Original conveyance Original process Ostensible 
partner Outlaw Outstanding term Overt Owling Oxgate 



Pactum Panel Par Parage Paramount Paraphernalia Park 
Pars Part and pertinent Particular average Particular estate Par- 
tition Partnership Party-wall Party-jury Party-witness Patent 
Patron Patroon Pawn Payee Payment Peculiar Peer Penal 
Per capita Per diem Peremptory challenge Peremptory plea Per- 
fecting bail Perjury Permissive waste Pernancy Perpetuity Per- 
sonable Personal replevin Personal estate Personal Personal 
assets Personal property Personal action Personal representative 
Personality Peter's pence Petit Jury Petit Larceny Petition 
Petty average Petty sessions Piccage Pin-money Piperolls 
Piscary Pixing the coin Plaint Plaintiff Plea Pleader Pleading 
over Pledge Plenary Plenarty Plus Pocket sheriff Petitory 
suit Police Court Policy Poll Pollicitation Pontage Popular 
action Portgreve Positive law Possessory Possibility on a pos- 
sibility Possibility of reverter Post mortem Post-note Pound- 



96 BEALE'S HOOK OF LEGAE DICTATION. 

age Pound breach Power of appointment Power collateral Po- 
wer coupled with an interest Power of attorney Prebendary Pre- 
cedent Precept Premises Premium Prerogative Prescribe Pre- 
sent Presentation Presuntment Presumptive heir Prima facie 
Primage Principle Private act Private corporation Private law 
Private nuisance Privilege Privileged communication Privileged 
debts Privity of estate Privy council Privy seal Privy verdict 
Pro bono publico Pro rata Pro tempore Probate Procedure 
Process Proclamation Proctor Procuration Prohibition Pro- 
missory note Promoters Proof Proponent Propositus Propound 
Prosecutor Protection Protest Protestation Prothonotary Pro- 
ver Proviso Public act Public corporation Public law Public 
nuisance Publication Purchase Purgation Purlieu Pursue 

Quod vide Quarantine Quash Quasi Queen's evidence Quid 
pro quo Quietus Quitclaim Quod vide Quorum 

R. 

Rack rent Reasonable part Reassurance Rebellion Rebutter 
Recaption Receipt Receiptor Receiver Recognition Recog- 
nizance Recognize Record Recoupment Recovery Rector 
Redemption Redisseisin Regular clergy . Rejoinder Relator 
Release Reliction Rem Remainder Remitter Remoteness 
Render Renounce probate Rent service Rent charge Rent seek 
Repleader Replevin Replevisor Replication Requests Rescis- 
sory Rescript Residuary Resolutive Resolutory Respondent 
Respondentia Restitution Rests Resulting trust or use Retainer 
Retro Return days Reversion Review Revivor Rhodian law 
Right Riot Rite Roman law Rout Royal court Rule 

S. 

Sac Sacrilege Safeguard Safe pledge Salic law Salvage Sanc- 
tuary Sane Sart Scienter Scot Scroll Scutifer Sea letter 
Second deliverance Secondary Section Sedition Seignory in 
gross Seised Seisin in fact Seisin in law Seized Semper para- 



BEALE'S BOOK OF LEGAL DICTATION. 97 

tus Senate Sequestration Serjeanty Serve Service Servient 
tenement Sessions Set-off Settlement Several Severalty Sev- 
erance Shack Sheriff's Court Shelley's Case Shifting use Ship's- 
husband Shire-mote Shire-reeve Sign-manual Simony Simple 
Sine die Sine quo non Single Bill Single Bond Slander Soc- 
man Sold note Sole Solicitors Soul-scot Sovereign Speak- 
ing demurrer Special Agent Special Counts Special issue Spe- 
cial pleading Special property Special sessions Specialty Spe- 
cific Legacy Specific Performance Spiritual Courts Spiritualities 
Springing use Stable-stand Stallage Standing mute Stannary 
Courts Star Chamber State Courts State's evidence Stating 
part of a bill in equity Statute-merchant Statute-staple Statutory 
release Steelbow goods Stint Stipulation Stoppage in transitu 
Stowe Strict settlement Striking a jury Strip Subinfeudation 
Subletting Subornation Subpoena Subrogation Subsequent 
Substantive law Substituted service Subtraction Sufferance 
Suffragan Suggestion Suit Suitors's fund Summary Super 
Superior Superstitious uses Supplemental bill Suppletory oath 
Supreme Court of Judicature Surcharge Surety Surrebutter Sur- 
rejoinder Surrender in deed Surrender in law Surrender in co- 
py-holds Surrogate Sursum reddere Suspensive Swearing the 
peace Swein Sweinmote Synod Syngraph 



Tacking Tale Tanistry Temple Temporalities Tempus Ten- 
ant Tenant-right Tender Tenement Tenths Tenure Terce 
Term to attend the inheritance Terminus Territorial courts Tes- 
tate Testator Testatrix Theft-bote Timber Time immemorial 
Tipstaff Tithes Tithing Toll thorough Toll traverse Toll turn 
Tort-feasor Tortious conveyance Trespass Trial Trinity term 
Triplication Trithing Trover Trust-deed Trustee process Tur- 
bary 

U. 

Udal Ultra mare Ultra valorem Una voce Underlease Unila- 
teral United States Courts Unity of interest Unity of title Uni- 
ty of time Unity of possession Unlawful assembly Usage Usance 
Usury Utter 



98 BEALE'S BOOK OF LEGAL DICTATION. 

V. 

Vacant Valuable consideration Valued policy Variance Vassal 
Verd Verdict Verification Vert Vested use Vested legacy 
Vested remainder Vesting order Via Vicar Vice Chancellor 
Vice versa Villanous judgment Violent presumption Violent pro- 
fits Virtute officii Vita Viva Viva voce Void Voidable Void 
for remoteness Voidance Voluntary Volunteer Vouch Vouchee 
Voucher Vox Dei 

W. 

Wage Wager of law Wager-policy Waif Wainable Wainage 
Waive Ward-holding Ward-mote Ward-wit Warden Wards 
and liveries Wardship Warrandice Warrant Warranty Warran- 
ty deed Warren Waste in the tenet Water ordeal Way-going 
crop Weir White rents Whole blood Wife's equity Withdraw- 
ing a juror Withdrawing a record Without day Without impeach- 
ment of waste Without recourse Witness Wolfshead Woodgeld 
Woodmote Woolsack Writ of inquiry Writer to the Signet. 

Y. 

Yard-land Year-books Yeoman Yeven York. 



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